Mammoth Lakes City Council
January 3, 2024

Town Council Agenda

Wednesday, January 3, 2024, 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.

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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. INTRODUCTIONS

5.1 Introduce new Police Chief Dan Casabian.

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

6.1 January 2024 Public Works Engineering CIP Update.

7. CONSENT AGENDA

7.1 Approve the minutes of the special meeting of December 13, 2023.

7.2 Approve the minutes of the regular meeting of December 20, 2023.

7.3 Agreement with Whitebark for use of $150,000 in Town funding for Fiscal Capacity Support Grant.

7.4 Waive the reading and adopt by title only the ordinance amending Municipal Code Chapter 8.15, adopting a single-use plastic water bottle prohibition.

7.5 Waive the reading and adopt by title only the ordinance adopting Municipal Code Chapter 10.24 regarding vehicles on Trails.

7.6 Accept Check Register 12/14/23 in the amount of $577,373.66. Accept Check Register 12/20/23 in the amount of $462,296.96. Accept Check Register 12/28/23 in the amount of $1,042,965.00.

8. POLICY MATTERS

8.1 Appeal of Penalties, Interest, Tax Fraud, Enforcement Charges, Administrative Citations, and Health Code Violations for TOT enforcement – 2251 Meridian Blvd Unit 117.

8.2 Agreement between the Town of Mammoth Lakes and Mammoth Lakes Housing to provide $2.2 Million in funding for the Access Apartments Project.

8.3 Support letter for Whitebark Grant request under the Cal Fire Forest Health Program.

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

10. MAMMOTH LAKES MUNICIPAL SERVICE CORPORATION ANNUAL MEETING The Town Council will hold a meeting of the Mammoth Lakes Municipal Service Corporation.

11. CLOSED SESSION

11.1 Pursuant to Government Code Section 54957, the Council will hold a conference to consider evaluation of a public employee: Town Manager.

12. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION

13. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, January 17, 2024 at 4:00 p.m.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: January 2024 Public Works Engineering CIP Update.

Council Meeting Date: 1/3/2024
Prepared by: Amy Callanan, PE, Engineering Manager
Recommended Motion: None
Summary: The January 2024 CIP update includes most of the Town’s active construction projects. Many projects are close to completion or under winter suspension. Staff anticipates adding a number of new CIP projects to the list in the next few months in preparation for summer 2024.

Capital Project Update
January 2024 Update
Created December 26, 2023
Project Notes
CRC The CRC continues to be open and available to the public, however the contractor has many miscellaneous punchlist items to complete.

CRC - Mobility Hub All site work is complete except for installation of permanent guardrails at the east patio and parking lot lighting to be installed by TOML staff.

CRC - Interior TI Work Plans for interior work have been submitted for building permit, to be bid for construction later this fall or winter.

The Parcel Phase 1 Exterior work on both buildings, including siding, painting, sunshades, and rock work, is substantially complete, except for Building A metal roof over the community space and childcare areas. Building B interior is nearly complete with the exception of low voltage cabling and corridor flooring, and additional work is focusing on cleanup and punchlist items. Much work continues inside Building A, including ceilings and final painting on the upper floors, with interior utility work on the first floor common area and daycare space. Building systems (e.g. fire alarms, elevators etc) will be inspected and commissioned following connection to permanent power, which is expected early January. On site, roads and sidewalks are complete. The childcare playground equipment and concrete patio have been installed, with fencing expected in early January.

Upcoming work scheduled for this winter and spring includes joint utility trench heading east on Tavern Rd to Sierra Park Rd, Center St sidewalk, additional MUPs, streetlights, bus shelters, landscaping and the public playground and park.

The Parcel Phase 2 Tree removal is complete. Funding for Phase 2.2 (four 3-story “tuck-under” buildings along Inyo St and Tavern Rd) has been approved. Funding for Phase 2.1 (one 4-story “podium” building in NE corner of site) is pending.

Chaparral Extension (The
Parcel)
The project is currently in winter suspension. Work will resume on underground dry utilities (electrical and telecom), sidewalks and multi-use paths in the spring. 60 Joaquin Underground building utilities are being installed in anticipation of receiving approval for foundation and modular superstructure construction.

OMR Beautification Phase 1 Negotiations with potential contractors have not been successful thus far. Town is considering combining phase 1 of this project with the landscaping work anticipated to be completed at The Parcel next summer.

Main Street Landscaping
Phase 1
Staff continues a conversation with a contractor for the completion of this work, with the intent of starting with confirmation of existing irrigation system this fall, to be followed by new irrigation and planting installation next spring and summer.

Laurel Mountain Rd Rehab
& Sidewalk
Installation of streetlights and the flashing pedestrian beacon at Tavern Road is nearly complete, and staff expects to close out the project this month.

Fuel Island Work is complete and the fuel island is now back in service. However, while the concrete material and installation is serviceable, it does not meet Town specifications, and may be removed and replaced in the spring at the contractor’s cost.

Town Civic Center Staff has received Design Development documents, and the project will likely be brought to PEDC for Design Review approval in February, after which the design team will proceed working on construction drawings and specifications adequate for bidding and permit submittal in April 2024.

The Town expects to hear results of a second $10 million grant application for construction of the EOC/Community Resiliency Center component of the project in April. Construction on site – including grading, utilities, and building foundations - could begin as early as July 2024.

Foundation Childcare Staff has received bid documents and anticipates letting the project out to bid in January and awarding a contract in March. Construction on site could begin in early spring, with re-location of the portable units occurring in late June after the end of the school year. This project currently consists of providing a core and shell building only. The details of childcare facility operation are in progress.

Dog Park Infrastructure The project is currently in winter suspension. Construction of concrete curb, asphalt, and fencing will occur along with installation of the restroom and artificial turf in the spring.

SHARP Trailhead
Infrastructure
Staff expects to receive bid documents and go out to bid in January and award a contract in March.

Construction on site could start in spring of next year.

Town Council of Mammoth Lakes
Minutes of Special Meeting
December 13, 2023, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, Councilmember John Wentworth
_____________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
The Mayor called the meeting to order at 4:07 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Peckham & McKenney Executive Recruiter Roberta Greathouse led the flag salute.

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

4. CLOSED SESSION
At 4:09 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.

4.1 PUBLIC EMPLOYEE APPOINTMENT (Gov’t Code Sec. 54957) Title:
(Town Manager)

Town Council Minutes
December 13, 2023

5. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 6:20 p.m. and announced that there was no reportable action taken.

6. ADJOURNMENT
The Council adjourned the meeting at 6:20 p.m.

Jamie Gray, Town Clerk

Town Council of Mammoth Lakes
Minutes of Regular Meeting
December 20, 2023, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, Councilmember John Wentworth
_____________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
Town Attorney Andy Morris announced that Councilmember Rea would be joining the meeting remotely due to the “just cause” provision of 54953.F.2a.

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
Councilmember Wentworth led the flag salute.

3. PUBLIC COMMENTS
Paul McFarland announced his candidacy for District 3 Mono County Supervisor.

Emily thanked Town Council for taking action regarding affordable housing.

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

Town Council Minutes
December 20, 2023

5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Administrative Services/Finance Director Rob Patterson gave an update regarding the STR Advisory Committee. There was discussion among members of Council and staff. Mr. Patterson reported that the Town's audit was completed.

Acting Community and Economic Development Director Nolan Bobroff gave an update regarding the Innsbruck Lodge Affordable Housing Project. There was discussion among members of Council and staff.

5.1 Receive the monthly Mammoth Main Base Redevelopment Project Update (“Evolving Main”) (Mammoth Mountain Main Lodge Area).

Jen Murillo, Lisa Wise Consulting, gave an update regarding the Mammoth Main Base Redevelopment Project. There was discussion among members of Council and Ms. Murillo.

5.2 Did you Know? Air Service

5.3 Receive the monthly Parcel Affordable Housing Project Construction Update.

Engineering Manager Amy Callanan gave a construction update regarding The Parcel Affordable Housing Project. There was discussion among members of Council and staff.

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.

Mr. Armstrong gave a presentation regarding a broadband update.

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

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

Town Council Minutes
December 20, 2023

Carried (5 to 0)

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.

Town Council Minutes
December 20, 2023

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.

Assistant to the Town Manager Pam Kobylarz outlined the information in the staff report. There was discussion among members of Council and staff.

PUBLIC COMMENT:

Tom James, California Grocers Association, asked the Council to not move forward with the ban at this time.

There was discussion among members of Council and staff.

Moved by Councilmember John Wentworth
Seconded by Mayor Pro Tem Chris Bubser
Direct staff to develop an outreach and education program for the plastic water bottle prohibition. Waive the reading and introduce by title only the attached ordinance to adopt a single-use plastic water bottle prohibition, as amended to change the start date to January 1, 2026 in Section

8.15.050D. Concurrently direct staff to develop a Town-wide water refill station program.

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

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

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

There was discussion among members of Council and staff.

Moved by Councilmember John Wentworth
Seconded by Councilmember Amanda Rice

Town Council Minutes
December 20, 2023

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

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

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

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

There was discussion among members of Council and staff.

Moved by Councilmember John Wentworth
Seconded by Mayor Pro Tem Chris Bubser
Adopt the proposed 2024 Town Council Strategic Priorities and Key Objective for 2024, as amended.

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. COUNCILMEMBER REPORTS
Councilmember Wentworth attended the Visit California High Sierra Region Focus Groups on Tourism and the Visitor Experience, the STR Advisory Committee meeting, the Eastern Sierra Council of Governments Board meeting, and the California Jobs First High Road Transition Council meeting, Mayor Pro Tem Bubser attended one of the After Action Report meetings. There was discussion among members of Council and staff.

Councilmember Rice attended the STR Advisory Committee meeting, the Eastern Sierra Community Housing Board meeting, and ice skated with her family twice this week at the CRC.

Mayor Sauser attended the Local Transportation Commission meeting.

Town Manager Daniel C. Holler announced that tomorrow at 5:30 p.m. at the Community Recreation Center (CRC) the Skate with Santa event would be held.

Town Council Minutes
December 20, 2023

10. CLOSED SESSION
At 6:25 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.

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

Property: 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
The Council reconvened from closed session at 6:53 p.m. and announced that there was no reportable action taken.

12. ADJOURNMENT
The Council adjourned the meeting at 6:53 p.m.

Jamie Gray, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Agreement with Whitebark for use of $150,000 in Town funding for Fiscal Capacity Support Grant.

Council Meeting Date: 1/3/2024
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Approve Agreement with Whitebark for use of approved Town Funding of $150,000 to for Fiscal Capacity Support Grant for implementation of ESCCRP work program, subject to final legal review, and authorize the Town Manager to sign the agreement.

Summary:

Whitebark Institute of Interdisciplinary Environmental Sciences (Whitebark) has developed and implemented the initial phase of a 58,000+/- hazardous fuels reduction project referred to as the Eastern Sierra Climate and Communities Resilience Project (ESCCRP). On December 6, 2023 the Town Council authorized $150,000 to support the fiscal capacity of Whitebark Institute of Interdisciplinary Environmental Sciences (Whitebark) to directly assist in determining funding sources and financial management of funds related to implementation of the ESCCRP work program. The work program is expected to take place over the next 20+/- years and cost several million dollars. The financial planning, fiscal management, and securing needed financial resources will take a substantial amount of work. Whitebark is not currently structured to provide the fiscal work to achieve the goals of the ESCCRP. The Town has expressed support for the ESCCRP project. Staff are participating as part of a Financial Advisory Team made up of regional stakeholders to assist in these efforts. It has become clear that stronger financial skills and management resources are required. The attached agreement addresses this need and the purpose of the allocation of $150,000 in support for grater fiscal capacity for Whitebark to effectively implement and achieve the goals of the ESCCRP.

January 3, 2024
Laura Beardsley
Executive Director
Whitebark Institute
PO Box 182
Mammoth Lakes, CA 93546
Re: Letter Agreement with Whitebark Institute– Fiscal Capacity Support Grant Dear Laura,
PARTIES: This letter shall be our agreement (“Letter Agreement”) between Whitebark Institute, a California corporation with its primary place of business at 3399 Main Street, Suite W5 (P.O.

Box 182) Mammoth Lakes, CA 93546 (“Whitebark”) and the Town of Mammoth Lakes, P.O. Box 1609 Mammoth Lakes, CA 93546 (“Town”) for the provision of financial resources provided to Whitebark by the Town for the purposes stated herein.

RECITALS:

WHEREAS, Whitebark has developed and implemented the initial phase of a 58,000+/- acre hazardous fuels reduction project referred to as the Eastern Sierra Climate and Communities Resilience Project (ESCCRP); and
WHEREAS, the ESCCRP represents a collaborative process between Federal, State, and local government agencies, non-profit organizations and private businesses focused on a holistic approach to forest restoration and reduced risk of catastrophic wildfire on the Inyo National Forest; and WHEREAS, the ESCCRP work program will extend over twenty plus/minus (20+/-) years with millions of dollars in cost to fully execute the work program; and WHEREAS, the work program supports the construction of support facilities including a bioenergy plant to process forest and other biomass generated materials, and will support forest thinning and related work resulting in new jobs for the region; and WHEREAS, Whitebark, the Town and other agency partners have begun the process of reviewing and analyzing a variety of funding options to support the ESCCRP work program; and WHEREAS, Whitebark and partner agencies do not have the necessary resources to provide effective fiscal management and oversight of the ESCCRP and the ability to secure the funding necessary for the project; and
Town of Mammoth Lakes
P.O. Box 1609, Mammoth Lakes, CA, 93546
(760) 965-3600
www.townofmammothlakes.ca.gov

Town of Mammoth Lakes and Whitebark Fiscal Capacity Grant Letter Agreement

WHEREAS, the Town supports the ESCCRP and the associated outcomes resulting in reduced threat of catastrophic wildfire to the Town, Mono County and the region and improved overall forest health; and
WHEREAS, to expedite the ESCCRP work program’s fiscal management, project funding and financial oversight the Town has allocated one hundred and fifty thousand dollars ($150,000.00) to support these efforts; and
WHEREAS, Whitebark does not have the financial capacity to meet the requirements of the program and securing a “fiscal agent” to expand the financial capacity and other financial management requirements through contract(s), direct hiring or other means will enhance the success of the ESCCRP work program;
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

FUNDING: The Town will provide $150,000 to support the Whitebark to directly assist in determining funding sources and financial management of funds directly related to implementation of the ESCCRP work program, under the conditions set forth below.

PURPOSE OF FUNDING: The Town is providing funding to Whitebark for the sole purpose of providing financial capacity to Whitebark to implement the ESCCRP. Whitebark shall develop an initial strategy for doing so, to be supported by the Town’s funding and any other funding sources. The fiscal capacity may be provided by a person(s) or firm secured by Whitebark to assist in, but not limited to the following:
• Provide overall fiscal management support of the ESCCRP work program. Tasks related to Whitebark’s work beyond the scope of the ESCCRP or maintaining Whitebark as a working nonprofit will be funded by other sources. • Clearly define the near term and long term financial requirements to implement the ESCCRP. • Define funding opportunities and present to ESCCRP partners. • Work with regional partners to secure additional funding required to complete the financial analysis, review, and updates.
• Prepare and/or coordinate funding structures such as grants, bonds, donations, governmental allocations, or other project funding.
• Be responsible for funding related reporting, compliance with local, state, and federal laws, and regulations, and/or policies.
• Work with partner agencies on overall financial strategies, sources, and funding agencies • Establish financial protocols and capacity to manage grants and other project funding sources. • Provide regular updates to the Mammoth Town Council, not less than twice per calendar year.

The Town shall release funds to Whitebark upon the Town’s receipt, review, and acceptance of a written strategy designed to achieve the above stated requirements. The strategy may include the current work effort being undertaken by the Financial Advisory Team comprised of ESCCRP stakeholders. Whitebark will provide regular reports to the Town Council, not less than twice per calendar year, including an overview of the use of funds provided.

TERM: The funding provided for in this agreement is for a period of three calendar years beginning January 1, 2024. Funding will be released as provided for in this agreement.

Town of Mammoth Lakes and Whitebark Fiscal Capacity Grant Letter Agreement

INDEMNIFICATION: Whitebark shall indemnify, defend, and hold Town, its elected and appointed officials, employees, agents, successors, and assigns, free and harmless of any and all claims, liability, loss, damage, or expenses resulting from performance by Whitebark or any contractor, of the work funded in whole or part by the Town.

PUBLIC BENEFIT: The Town of Mammoth Lakes supports the reduction of hazardous fuels within the Town of Mammoth Lakes and the surrounding private and public lands including, but not limited to the Inyo National Forest to reduce the threat of catastrophic wildfires and the impact such fires have on the lives, property, welfare and economic prosperity of local businesses, residents and neighboring communities and finds that supporting such actions provide a public benefit commensurate with the Town’s expenditure of funds.

LAWS & REGULATIONS; EMPLOYEE/LABOR CERTIFICATIONS: Whitebark shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance the Services, including all Cal/OSHA requirements. As provided for in the indemnity obligations of this Letter Agreement, Whitebark shall indemnify Town against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency.

GOVERNING LAW; VENUE; GOVERNMENT CODE CLAIM COMPLIANCE; ATTORNEY'S FEES: This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Mono County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Whitebark must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Whitebark. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Whitebark shall be barred from bringing and maintaining a valid lawsuit against the Town. If either party commences an action against the other party, either legal, administrative, or otherwise, arising out of or in connection with this Letter Agreement, the prevailing party shall be entitled to recover all reasonable fees and costs incurred, including reasonable attorneys’ fees, as determined by the court.

ASSIGNMENT; AMENDMENT: This Letter Agreement may not be modified or altered except in writing signed by both parties. Except to the extent expressly provided for in the termination paragraph, there are no intended third-party beneficiaries of any right or obligation of the Parties.

ENTIRE AGREEMENT; CONSTRUCTION & CAPTIONS: This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder.

Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Letter Agreement. [signatures on following page]

Town of Mammoth Lakes and Whitebark Fiscal Capacity Grant Letter Agreement

If you agree with the terms of this Letter Agreement, please indicate by signing and dating where indicated below.

TOWN OF MAMMOTH LAKES
Approved by:
_____________________________
Daniel C. Holler, Town Manager

WHITEBARK
Reviewed and Accepted by Contractor
_____________________________
Laura Beardsley, Executive Director
_____________________________
Date

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Waive the reading and adopt by title only the ordinance amending Municipal Code Chapter 8.15, adopting a single-use plastic water bottle prohibition.

Council Meeting Date: 1/3/2024
Prepared by: Pam Kobylarz, Assistant to the Town Manager Daniel C. Holler, Town Manager
Recommended Motion: Waive the reading and adopt by title only the ordinance amending Municipal Code Chapter 8.15, adopting a single-use plastic water bottle prohibition.

Summary:

On December 20, 2023, the Town Council deliberated over a proposed single-use plastic water bottle prohibition, that had been previously requested. Town staff had proposed a three-year phased approach that would be fully implemented on January 1, 2027. The Town Council approved a phased approach to be fully implemented by January 1, 2026, which is reflected in the attached ordinance.

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.

South Lake Tahoe has adopted and implemented its single-use plastics ban over a number of phases:

3  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 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.

4 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.

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

5 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.

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

6 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.

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

7 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.

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.

8 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. 24-

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE OF 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, went 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.

Ordinance No. 24-

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 3 rd 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, 2026: 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.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Waive the reading and adopt by title only the ordinance adopting municipal code chapter 10.24 regarding vehicles on Trails
Council Meeting Date: 1/3/2024
Prepared by: Lawson Reif – Outdoor Recreation Manager
Recommended Motion: Waive the reading and adopt by title only the ordinance adopting municipal code chapter 10.24 regarding vehicle son Trails (e-bikes, bikes and other related transportation devices)
Summary: This ordinance serves to address safety issues on TOML MUPs, Sidewalks, and Trails by creating a mechanism to allow MLPD or other authorized employees to ticket violators when appropriate and providing MLPD with more teeth to educate users. Having a 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.

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: Appeal of Penalties, Interest, Tax Fraud, Enforcement Charges, Administrative Citations, and Health Code Violations for TOT enforcement – 2251 Meridian Blvd Unit 117.

Meeting Date: January 3, 2024
Prepared by: Rob Patterson, Administrative Services / Finance Director RECOMMENDATION:

Make a finding of noncompliance with the Town of Mammoth Lakes Municipal Code and uphold the Notice of Determination amount due of $41,535.49 for TOT, TBID, tax fraud, penalties, interest, enforcement charges, and health code violations. Judgement from the hearing officer for administrative citations is included in this amount.

BACKGROUND:

Chapter 3.12 of the Municipal Code established the Uniform Transient Occupancy Tax ordinance for the Town of Mammoth Lakes. This enforcement case is a revenue violation, meaning the operator is conducting business in an area zoned for transient rental but has not adhered to the Municipal Code regarding the remittance of transient occupancy tax. Enforcement of the Municipal Code is a primary function of the Revenue team to preserve a transparent and equitable business environment.

Section 5.04.110 - Evidence of conducting business.

When any person shall by use of any promotional media—including but not limited to print, audio, visual, or electronic media including websites, web marketing, advertising or promotional websites, social media, or traditional promotional methods, including but not limited to signs, circulars, bills, cards, telephone books, or newspapers—promote, market, advertise, hold out or represent that they or an entity they own, operate, manage, or control are in business in the town, or when any person holds an active license or permit issued by a governmental agency indicating that they are in business in the town, and such person fails to deny by a sworn statement given to the collector that they are not conducting a business in the town, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that they are conducting a business in the town.

Additionally, the Town Municipal Code includes the Quality-of-Life Ordinance found in section

5.40 which regulates transient rentals and states:

2 5.40.020 - Permitted use.

Transient use of residential property shall be permitted as allowed by Title 17, Zoning, upon the issuance of a Business Tax Certificate and Transient Occupancy Tax Certificate pursuant to Municipal Code Sections 5.04 and 3.12. The Business Tax and Transient Occupancy Tax Certificates shall be maintained at all times. Transient uses shall comply with all applicable codes including the California Building Code and the California Residential Code and local amendments.

5.40.070 - Violations.

B. Notwithstanding Chapter 1.12, the administrative fine for the operation of any transient occupancy facility without a valid business tax certificate, or the operation of any transient occupancy facility in violation of applicable zoning requirements of the town shall be fifteen hundred dollars for the first violation, three thousand dollars for the second violation and five thousand dollars for a third and subsequent violations within one year. “Regional Stay-at-Home” Order as Related to Lodging Facilities:

December 5, 2020, through January 25, 2021. COVID-19 Rental ban in effect excluding essential workers. Lodging operator to maintain record of the exempt essential workers.

ANALYSIS/DISCUSSION:

July 11, 2017, Ms. Rosolowski submitted a business tax certificate and TOT certificate application to rent the property at 2251 Meridian Boulevard, Unit 117 on a transient basis.

August 1, 2017, the BTC and TOT Certificates were issued.

September 9, 2022, Ms. Rosolowski’s short-term rental advertisement was reviewed by Town staff. The advertisement contained over 100 reviews and the Town’s records showed roughly $3,000 in reported revenues during the same time period.

October 3, 2022, an audit letter was issued to Ms. Rosolowski requesting all rental records from September 2019 through August 2022 with a response date of October 18, 2022.

November 14, 2022, after receiving no reply from the operator regarding the audit request an administrative citation for $500.00 was issued and provided a 15-day window with which to bring the account into compliance by submitting the requested audit documentation by November 28, 2022. The citation was sent first class and certified mail to the address listed on the BTC and TOT certificate applications.

November 14, 2022, due to the failure to reply to the audit an assessment for TOT/TBID was conducted from September 2019 through October 2022 and totaled $63,664.09. Along with the calculations a letter was included explaining the BTC and TOT certificate would be cancelled if full compliance was not met within 30 days.

December 14, 2022, after receiving no reply from the operator during the 15-day window a second administrative citation for $1,000.00 was issued both first class as well as certified mail. This administrative citation notified the operator that her BTC and TOT Certificates were no longer

3 valid due to noncompliance with Town Municipal Codes. The operator was instructed to stop conducting business, including advertisement for transient rentals. Copies of both citations, the TOT/TBID assessment and the audit letter were posted on the door of the property.

December 21, 2022, Ms. Rosolowski contacted the Finance Department. The intention to audit the BTC was conveyed along with the request for revenue summaries from all rentals for the previous three years.

December 27, 2022, rental revenues from VRBO and Airbnb were provided, and the results of the initial Notice of Determination are shown below.

February 6, 2023, the Airbnb advertisement for 2251 Meridian Blvd Unit 117 was found active and soliciting for transient rental along with new reviews.

February 7, 2023, a $3,000 administrative citation was sent out first class and certified mail for operating a business without a BTC and transient rentals without the remittance of taxes.

February 17, 2023, the Airbnb payout summary containing additional short-term rental revenue was provided.

February 21, 2023, the VRBO advertisement for 2251 Meridian Blvd Unit 117 was found active and soliciting for transient rental. The Finance Department contacted Ms. Rosolowski and delivered a courtesy warning notifying her that if the VRBO advertisement did not come down immediately, a $5,000 citation would be issued.

4 February 22, 2023, the VRBO pay out summary was provided containing additional short-term rental revenue.

March 29, 2023, Hearing Officer Haislip Hayes presided over an administrative citation hearing and from his rendered judgement it was determined that Mrs. Rosolowski’s $4,500 citations be upheld. “It is the responsibility of the business owner to provide the Town with current contact information. A BTC renewal is required each year, and the form requires the applicant to update and certify their contact information. The first two notices we received and signed for at the address provided by the defendant. The third citation is in response to the defendant’s failure to comply with Town directives not to advertise or rent.”
May 23, 2023, the VRBO advertisement for 2251 Meridian Blvd Unit 117 was found active and soliciting for transient rental. The Finance Department conducted a sting by renting the property for the date of May 25-26, 2023. The total amount of the rental was $569.55.

May 25, 2023, Town Staff checked into the rental at 2251 Meridian Blvd Unit 117 and confirmed the property matched the images from Ms. Rosolowski’s advertisement.

June 7, 2023, a conversation was had with Ms. Rosolowski and Revenue Accountant Danny Earls about the details of the enforcement case to that point and the desire from both parties to find a resolution. A complete revenue summary including revenues over the entire enforcement period was requested in order to conduct a single Notice of Determination for the case.

June 14, 2023, the requested revenue summary from VRBO between the dates of July 1st, 2020- June 14, 2023, was provided.

August 17, 2023, the Notice of Determination was completed and sent via email totaling $42,616.54. The total unreported taxable revenue was calculated at $114,416.35 and $8,800 in health order violations were identified for rentals during the transient rental restrictions.

August 21, 2023, Ms. Rosolowski requested a copy of the NOD in excel format in order to verify the calculations and review for discrepancies which was provided to her.

August 29, 2023, Ms. Rosolowski reviewed the NOD and identified five months she felt were miscalculated.

September 5, 2023, the five months of revenues in question were reviewed and deemed accurate.

Additional information regarding the discrepancy was requested.

September 12, 2023, Ms. Rosolowski informed staff that she was calculating the revenues based on payout date, not reservation date. She was notified that the taxable revenues were allocated based on departure date. Departure date accounting benefits the operator by reducing the amount of interest by one month. Ultimately, the taxable revenue was reduced by $75.00 for two nontaxable resolution payouts and the updated NOD was provided via email.

5 September 13, 2023, Ms. Rosolowski replied to the updated NOD via email claiming her calculation of the total amount of revenues was almost $3,000.00 less than what had been determined. Clarification was requested from Town staff regarding how the revenues were calculated, which could lead to reductions. There were questions that arose about the health order violations. Ms. Rosolowski was provided with information about the health order violations as well as the specific dates of the nineteen violations. An opportunity to provide the transient rental exemption claim form was offered.

September 18, 2023, Ms. Rosolowski questioned the lawfulness of the health order violations included in the NOD.

September 19, 2023, clarification on potential reduction of the taxable revenues by the claimed $3,000.00 was requested by Town staff. The opportunity to provide evidence for the taxable revenues from rentals that transpired during the transient rental restriction was once again provided.

November 15, 2023, a follow up email was sent to Ms. Rosolowski requesting confirmation that no additional information or clarification would be submitted.

November 16, 2023, confirmation was received that the total taxable revenues between the operator and the Town had been determined and an appeal to the Town Council was requested.

Ms. Rosolowski cited she is appealing all fines as she believes those amounts are illegally excessive, the Town of Mammoth Lakes Finance Department had not fined others in the same fashion for the violations, claiming the fines imposed are not lawful by California or Federal law.

The details of the NOD based on the agreed upon taxable revenues are below.

6 In addition to this enforcement activity, Town staff received a BTC and TOT application for this unit on November 8, 2023. The application was submitted by Mr. Mayo who indicated that he was the long-term tenant of the property. Based on several factors, these were not issued. It was not communicated to Mr. Mayo that there was an active enforcement case on the property but the fact there is a current moratorium on issuance of TOT certificates as the reason for the delay. Once this enforcement case is resolved and with written approval from the property owner, the certificates can be issued once the moratorium is lifted and in accordance with Municipal Code in place at that time.

OPTIONS ANALYSIS
Option 1: Make a finding of noncompliance with the Town of Mammoth Lakes Municipal Code and uphold the Notice of Determination and judgement of the administrative citation hearing officer in the amount of $41,535.49.

Option 2: Make alternate findings and direct Town staff accordingly.

FINANCIAL CONSIDERATIONS:

The Town of Mammoth Lakes relies on transient occupancy tax for more than 60% of its General Fund, without which it would not be able to provide services such as snow removal, recreation programming, and road maintenance. Operators of illegal transient rental properties are not only

7 failing to contribute funds necessary for the Mammoth Lakes community to thrive but are taking away potential business from operators who are following the Town laws. To waive penalties, interest, enforcement charges, and/or administrative citations routinely would result in a significant loss of revenue and likely increase tax collection efforts and enforcement difficulties.

LEGAL CONSIDERATIONS:

The Town’s Municipal Code does not authorize the Tax Collector to waive or reduce tax, penalties, interest, enforcement charges, or administrative citations that are due to the Town. The Town Council is acting in a semi-judiciary capacity and may reduce, increase, or amend the recommendation of the Tax Collector.

FINANCE DEPARTMENT
P.O. Box 1609, Mammoth Lakes, CA 93546
Phone: (760) 965-3660
__________________________________________________________________________ 1 November 14, 2022
BTC Number: 8137
Mary Rosolowski
7224 Zelzah Ave.

Reseda CA 91335
RE: TOT/TBID Assessment and Administrative Citation for Failure to Report Revenues Dear Business Owner,
Let this communication serve as a Notice of Assessment for transient occupancy tax, tourism business improvement district assessment, penalties, interest, administrative citations, tax fraud and enforcement charges during a period beginning October 2019 and ending January 2020.

Included with this correspondence is an administrative citation for $500.00 for the violation of the terms to operate a transient rental business in Mammoth Lakes. Operators have 15 days from the date on the citation to comply or be subject to additional administrative citations of $1,000.00 per day. If the audit information is received within 15 days of the date of this mailing, the audit will commence, and the $500.00 citation will be suspended pending completion of the revenue review process.

The Town is requesting documentation from you that clearly supports that the amount of taxes, TBID, penalties, and interest owed. The supporting documents requested by the Town includes rental revenue summaries from all rental platforms. The amount due is going to be calculated by the finance department upon arrival and mailed to you as a Notice of Determination. This is not an exhaustive list, and the Town of Mammoth Lakes encourages you to provide any additional information that would support your submitted monthly returns. Do not redact information from the documents before submitting them for review. At this time, the expectation of the Town is that the requested documents will be provided via email in a CSV format by November 28th, 2022, or two weeks from today.

Please be aware, if after 30 days from the date of this correspondence the account has not reached full compliance, the business tax certificate will be closed, and the Town will continue with additional enforcement efforts up to and including a lien on the property.

It is the operator’s responsibility to contact the Town and verify the violation has been corrected demonstrating compliance with the Municipal Code in order to prevent daily fines from accruing.

Sincerely,
Ben Manning
Revenue Specialist
Town of Mammoth Lakes
760-965-3665
[email protected]

CC: File
From: Hearing Officer – Haislip Hayes, PE
Hearing Date: 3-29-23
Subject: Findings - Enforcement Case for 2251 Meridian Unit 117 On March 29, 2023, an administrative hearing was conducted in regard to the subject case.

Present at the hearing in person were Revenue Accountant Danny Earls, Revenue Specialist Ben Manning and the defendant Mary Rosolowski attended by Zoom. Danny Earls presented the facts of the case, specific to the Administrative Citations totaling $4,500.

The defendant presented their side of the case. Mrs. Rosolowski stated the first two notices ($1,500 total) were mailed to her mother’s house. She stated that she usually accepts mail there. She told us that her mother had been ill and did not advise her of the correspondence, even though she “visits frequently”. She stated the Town should have called her or emailed her. Mrs. Rosolowski did respond to the notice placed on the door of the subject property by the Town. After making contact with the Town, she was asked to take down her advertisement and not rent in both writing and verbally by the Town. Mrs. Rosolowski did not comply with this requirement and continued to rent. The activity generated nearly $14,000 in income and resulted in a $3,000 citation. Mrs. Rosolowski stated she tried to take down the listing on her mobile device but there was a “glitch”. She admitted she did not cancel the existing reservations.

After consideration of the facts, I see no reason to waive or reduce the citations issued. It is the responsibility of the business owner to provide the Town with current contact information.

A BTC renewal is required each year and the form requires the applicant to update and certify their contact information. The first two notices we received and signed for at the address provided by the defendant. The third citation is in response to the defendant’s failure to comply with Town directives not to advertise or rent. This defiance was taken into consideration when evaluating the totality of the case.

Regards
Haislip Hayes, PE
Hearing Officer

TOWN OF MAMMOTH LAKES
Department of Public Works
Engineering Division
760-965-3652
[email protected]

To the Town of Mammoth Lakes Council:

I am writing this letter as I will not be able to attend the meeting via Zoom as I have been very sick over the past few days. I am writing in hopes for appeal on the fines charged by the finance department.

I am eager to resolve this issue with the Town as soon as possible as the rental of this property has been my main source of income and the time it has taken to resolve the issue has affected me tremendously. I am currently 6 ½ months pregnant a no longer able to work my previous job as a ski instructor, nor find a new job as I am preparing to tend to a newborn. As a single, soon to be mother the financial burden falls entirely on me. I would really appreciate a consideration for reduction of fines as well as a reinstatement of license as soon as possible. The final NOD amount charged is beyond what I am able to pay. It is an amount this is higher than my earnings for a full year. I have explained to the finance department that I didn’t have the correct understanding of how to file TOT taxes as it is entirely different than how state and federal taxes are filed but would like to correct the filings and pay the correct amount owed. I have always intended to be a positive member of the Mammoth community. My listing was highly rated. I do my best to create a great experience in Mammoth for my rental guests keeping them coming back to Mammoth year after year.

Thank you for your consideration.

Items I am disputing include:

Health Order Citations: $8,800
These fines were not originally included in my initial NOD issued late December 2022. These fines were added on with no explanation in September 2023. These fines are unlawful as the law limits the amount any person or entity can be fined for COVID related enforcement laws. The finance department is well aware of these federal and state limits. In addition, no proof of notice on any COVID restriction was received.

Tax Fraud: $3,639.76
1 st & 2nd Month Penalties: $4,241.35
Administrative Citations: $4,500
Enforcement Charges: $500
The fines are extremely excessive, and I believe unlawful. Both Federal and State Law limits the amount someone can be fined under the law “Cruel and Unusual Punishment”.

Total Amount of Taxable Revenue:

I believe there is a miscalculation on taxable revenue. The amount I came up with is: $101,694.20 when calculating taxable revenue based on the dates requested. The finance department is including fees that were charged by Airbnb to the guest directly such as booking fees. This revenue was not charged by me or ever received by me. It is determined and charged by Airbnb directly to the guest.

Please feel free to reach out with any further questions! Thank You,
Mary Rosolowski
[email protected]
818-633-1437

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Agreement between the Town of Mammoth Lakes and Mammoth Lakes Housing to provide $2.2 Million in funding for Access Apartments Project.

Council Meeting Date: 1/3/2024
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Approve the agreement between the Town of Mammoth Lakes and Mammoth Lakes Housing (MLH) providing $2.2 million in funding for the Access Apartment Project and authorize the Town Manager to sign the agreement subject to final legal review and MLH Board approval.

Summary:

The Town Council has committed $2.2 million to support the Mammoth Lakes Housing Access Apartments Project. The project is located at 238 Sierra Manor Road and will provide 13 units of affordable community housing. The project supports the Council’s priority to implement the Town’s Housing Now! Initiative through partnership projects. The agreement addresses items discussed as part of the most recent allocation of $700,000 in funding, which was in addition to the previous $1.5 million allocated to the project. This includes providing the funding early in the process to meet cash flow needs of the project. It This includes providing the funding early in the process to meet cash flow needs of the project and to document the Town’s intention to not use the Town resources to fund previous expenditures made by MLH in acquiring the property or previously incurred predevelopment costs. The agreement notes the potential to consider additional funding request(s) due to substantial cost increases incurred during construction due to unforeseen issues related to the rehabilitation of the existing structures. The next MLH (ESCH) Board meeting is scheduled for January 8th and staff will request the agreement be considered at their Board meeting. The recommendation is to approve the agreement subject to final legal review and MLH approval.

January 3, 2024
Mammoth Lakes Housing (Eastern Sierra Community Housing) Patricia Robertson, Executive Director
P.O. Box 260
Mammoth Lakes, CA 93546
Sent to: [email protected]
Re: Letter Agreement between Mammoth Lakes Housing and Town of Mammoth Lakes for Funding Support for Access Apartments
Dear Patricia,
PARTIES: This letter shall be our agreement (“Letter Agreement”) between Mammoth Lakes Housing, Inc. (“MLH”) (also referred to as Eastern Sierra Community Housing), a California corporation with its primary place of business at 587 Old Mammoth Road, Suite #4, P.O. Box 260, Mammoth Lakes, CA 93546 and the Town of Mammoth Lakes, P.O. Box 1609, Mammoth Lakes, CA 93546 (“Town”) for the provision of financial support for the Access Apartment project located at 238 Sierra Manor Road, Mammoth Lakes, CA 93546. The Town and MLH shall be referred individually as “the Party” or collectively as “the Parties.”
RECITALS:

WHEREAS, the Town supports the creation of additional affordable housing units within the Town of Mammoth Lakes; and
WHEREAS, MLH acquired the commercial property located at 238 Sierra Manor Road for the purpose of rehabilitating the property into thirteen (13) affordable housing units referred to as the Access Apartments project (“Project”); and
WHEREAS, the Town has committed two million two hundred thousand dollars ($2,200,000) in funding support (“Town Funding”) for the Project; and
WHEREAS, funding for the Project includes Federal and State grants secured by MLH and the Town (with MLH as a subrecipient), a commitment of funds from the Town and Mono County, other grants and donations, and use of MLH resources; and
WHEREAS, as of December 2023, there is an anticipated budget shortfall of approximately $120,000, which is to be made up by MLH forgoing a portion of the reimbursement for prior expenses, including payments on the site acquisition loan, predevelopment professional services (i.e., construction drawings, NEPA/CEQA environmental review, etc.), and MLH developer fees; and Town of Mammoth Lakes
P.O. Box 1609, Mammoth Lakes, CA, 93546
(760) 965-3600
www.townofmammothlakes.ca.gov

Town of Mammoth Lakes and MLH Access Apartments Funding Letter Agreement

WHEREAS, to meet cashflow requirements, the Town is committed to providing the Town Funding early in the process to eliminate MLH incurring additional construction loan costs; and WHEREAS, the Town and MLH recognize the risk and the potential for substantial unknown costs that are inherent in rehabilitation projects such as the proposed Project that involve the conversion of existing commercial structures into residential housing units; and WHEREAS, the provision of additional affordable units meets the Town Council’s Strategic Priority to implement the Town’s Housing Now! Initiative which includes partnering with other agencies to create affordable community workforce housing meeting a public need and purpose within the Town; NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

FUNDING: The Town shall provide two million two hundred million ($2,200,000) in the Housing Now! Initiative (Fund 245) to MLH to support the Project located at 238 Sierra Manor Road, Mammoth Lakes, CA 93546, on the conditions set forth herein.

PURPOSE OF FUNDING: The Town is providing funding to MLH to support the creation of up to 13 units of affordable housing. MLH shall use the Town funding for the following purposes:
 Construction of up to 13 affordable housing units with income levels ranging from very low to moderate income levels.
 Provide cash flow needs through the construction project as grant reimbursements can take several weeks.
 Town funding shall not be used by MLH for the reimbursement of previously expended MLH funds related to property acquisition, predevelopment design costs (i.e., construction drawings environmental review, etc.), ongoing maintenance and property management, and/or carrying costs (i.e., insurance, snow removal, etc.).
 The Town may consider a request for additional funding in the event there are substantial additional costs (exceeding current contingency allocation) due to unforeseen issues associated with the rehabilitation of the existing structures, but may grant, deny, or condition such additional funding in the Town’s sole discretion.

TERM: The funding provided for in this Letter Agreement will be provided within sixty (60) days of the issuance of building permits for the Project.

INDEMNIFICATION: MLH, and any and all of its successors and assigns, including, but not limited to, Eastern Sierra Community Housing (“ESCH”), shall indemnify, defend, and hold the Town, its elected and appointed officials, employees, agents, successors, and assigns, free and harmless of any and all claims, liability, loss, damage, or expenses resulting from performance by MLH, or any contractor, of the work funded in whole or part by the Town.

PUBLIC BENEFIT: The Town supports the expansion in the number of affordable community housing units available for the regional workforce. The provision of additional affordable units meets the Town Council’s Strategic Priority to implement the Town’s Housing Now! Initiative which includes partnering with other agencies to create affordable community workforce housing meeting a public need and purpose within the Town, and the public benefit derived from the expenditure of Town funds contemplated under this Letter Agreement is commensurate with the amount of the expenditure.

Town of Mammoth Lakes and MLH Access Apartments Funding Letter Agreement

LAWS & REGULATIONS; EMPLOYEE/LABOR CERTIFICATIONS: MLH shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the work performed or contracted for related to the Project as provided for herein. MLH shall indemnify the Town against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency.

GOVERNING LAW; VENUE; GOVERNMENT CODE CLAIM COMPLIANCE; ATTORNEY'S FEES: This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Mono County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, MLH must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by MLH. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, MLH shall be barred from bringing and maintaining a valid lawsuit against the Town. If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Letter Agreement, the prevailing Party shall be entitled to recover all reasonable fees and costs incurred, including reasonable attorneys’ fees, as determined by the court.

ASSIGNMENT; AMENDMENT: This Letter Agreement may not be modified or altered except in writing signed by both Parties.

ENTIRE AGREEMENT; CONSTRUCTION & CAPTIONS: This is an integrated Letter Agreement representing the entire understanding of the Parties as to those matters contained herein and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder.

Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Letter Agreement. [signatures on following page]

Town of Mammoth Lakes and MLH Access Apartments Funding Letter Agreement

If you agree with the terms of this Letter Agreement, please indicate by signing and dating where indicated below.

TOWN OF MAMMOTH LAKES
Approved by:
_____________________________
Daniel C. Holler
Town Manager
Mammoth Lakes Housing
Reviewed and Approved by:
_____________________________
Name:

Title:
_____________________________
Name:

Title:
_____________________________
Date

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Support letter for Whitebark Grant request under the Cal Fire Forest Health Program.

Council Meeting Date: 1/3/2024
Prepared by: Daniel C. Holler, Town Manager
Recommended Motion: Authorize the Mayor to a sign letter of support for Whitebark’ s Grant Request to the Cal Fire Forest Health Program.

Summary:

Whitebark Institute continues to seek grant funding to support the implementation of the Eastern Sierra Climate & Communities Resilience Project (ESCCRP) Phase I Priority Acres, which includes acres adjacent to the Tow of Mammoth Lakes. The ESCCRP Phase I Priority Acres will continue to restore forest health performing treatment on 2,800 acres within the ESCCRP project area. Treatments will include approximately 1,650 acres mechanical and hand thinning and 1,150 acres of prescribed burning. This Phase I Priority Acres Project portion of the ESCCRP is a high priority because these acres were identified as the areas with the greatest need for treatment across the entire ESCCRP. The requested budget in this proposal is approximately $6 million. The ESCCRP – Phase I Priority Acres is the next step to continue restoring forest health within this important landscape. The minimum 2,000+ acres proposed would provide forest health treatments in high wildfire hazard areas near the Town of Mammoth Lakes. Implementation of these acres would allow for immediate action towards restoring forest health and reducing the risk of unnaturally large high severity wildfires by addressing units with heavy fuel loads in strategic locations. The ESCCRP – Phase I Priority Acres is an opportunity for CAL FIRE to continue to serve as an active partner in the Eastern Sierra on our continued journey to achieve regional resilience. Staff are recommending the Council approve and authorize the Mayor to sign the letter.

Town of Mammoth Lakes
Town Manager’s Office
437 Old Mammoth RD, Suite 230
P.O. Box 1609 Mammoth Lakes, CA 93546
Phone (760) 965-3601, Fax 934-7493
[email protected]
www.townofmammothlakes.ca.gov
January 3, 2024

CAL FIRE
Forest Health Program
1416 9th Street
PO Box 944246
Sacramento, CA 94244-2460
Attention: Matthew Reischman
Deputy Director, Resources Management
California Department of Forestry and Fire Protection
RE: Support for the Whitebark Institute’s grant application for the Eastern Sierra Climate & Communities Resilience Project (ESCCRP): Phase I Priority Acres The Town of Mammoth Lakes submits this letter to express support for the Whitebark Institute’s grant application for the Eastern Sierra Climate & Communities Resilience Project (ESCCRP) Phase I Priority Acres, which will build on several years of planning efforts on the Inyo National Forest and non-federal lands to improve forest and community resilience in the eastern Sierra Nevada.

The ESCCRP is a landscape-scale forest restoration project surrounding the Town of Mammoth Lakes in the Upper Owens watershed. These uncharacteristically overstocked headwater forests are declining in function due to more than a century of successful fire suppression now exacerbated by climate change.

The ESCCRP is part of a National effort to promote resilient landscapes, create fire adapted communities, increase public and firefighter safety, and protect the irreplaceable ecosystem services upon which humankind depends. Funding from CAL FIRE would enable implementation of at least 2,000+ acres in the highest priority areas within this landscape.

The Eastern Sierra Nevada is a remote and unique region of California comprised of rugged mountains, high desert, and rural communities. The region is a year-round tourist destination, supporting rural communities via a robust recreation and tourism economy which is largely dependent on healthy forests.

The headwater forests of the ESCCRP watersheds provide vital water resources for local communities, the Central Valley, and the City of Los Angeles, and are home to an abundance of terrestrial and aquatic species. Declining forest health, coupled with a rapidly intensifying wildfire trajectory fueled by climate change, underscores the imperative to protect the ecological and economic resources of the region.

The ESCCRP – Phase I Priority Acres is the next step to continue restoring forest health within this important landscape. The minimum 2,000+ acres proposed to be treated would provide forest health treatments in high wildfire hazard in close proximity to the Town of Mammoth Lakes. Implementation of these acres would allow for immediate action towards restoring forest health and reducing the risk of unnaturally large high severity wildfires by addressing units with heavy fuel loads in strategic locations.

The ESCCRP – Phase I Priority Acres is an opportunity for CAL FIRE to continue to serve as an active partner in the Eastern Sierra on our continued journey to achieve regional resilience.

Proactive management of forests is our only hope to ward off catastrophic loss of these irreplaceable habitats and the multitude of co-benefits that headwater forests provide. We strongly urge CAL FIRE to consider this application as a pivotal opportunity to continue forest health restoration and promote resilience in the Eastern Sierra.

Sincerely,
Bill Sauser, Mayor
Town of Mammoth Lakes
CC: Whitebark Institute

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.

NOTICE OF MEETING OF BOARD OF TRUSTEES

OF MAMMOTH LAKES MUNICIPAL SERVICE CORPORATION
NOTICE IS HEREBY GIVEN that the Board of Trustees of the Mammoth Lakes Municipal Service Corporation will hold a meeting at 4:00 p.m. (to commence after the Town Council meeting of the same date) on Wednesday, January 3, 2024 at the Council Chamber/Suite Z, Minaret Village Shopping Center, 437 Old Mammoth Road, Mammoth Lakes, California. The Board of Trustees will consider action upon the following matters:

CALL TO ORDER
Trustees Sarah Rea and Amanda Rice, Treasurer Chris Bubser, Secretary Bill Sauser, and President John Wentworth.

PUBLIC COMMENTS

POLICY MATTERS

1. Election of officers – President, Secretary, and Treasurer.

2. Accept the Annual Report.

CONSENT AGENDA

3. Approve the minutes of the meeting of January 4, 2023.

ADJOURNMENT
Dated: December 28, 2023 __________________________________ Jamie Gray, Town Clerk

1 Mammoth Lakes Municipal Service Corporation
Title: Receive and File Annual Report for Fiscal Year 22-23 Meeting Date: January 3, 2024
Prepared by: Rob Patterson – Administrative Services / Finance Director RECOMMENDATION:

Staff recommends the Board of Directors receive and file the annual report for fiscal year 22-23.

BACKGROUND:

The Mammoth Lakes Municipal Service Corporation (Corporation) was established by the Mammoth Lakes Town Council. While a separate legal entity, the Corporation is governed by the Town Councilmembers sitting as the Board of the Corporation. Town Staff provides the required staff support in the capacities required by the Corporation. The Corporation was created to provide the Town with a legal structure for the issuance of certain types of debt. The Corporation was used most recently in the issuance of Installment Sales Agreement (2017) for the Multi-Use Facility construction, Taxable Judgement Obligation Bonds (2017) for the MLLA Settlement refinance, and Lease-Revenue Bonds (2015) as part of the financing for the police facility. Prior to these activities, the Corporation has not engaged in activity since 2000. This report provides information on the assets, liabilities, and financial activity of the Corporation for FY22-23.

Asset and Revenues:

The Corporation has no assets or cash. The only revenue are lease payments made by the Town of Mammoth Lakes and Measure R – Sales Tax, which are essentially a pass through for payment to service long-term debt.

Liabilities:

The Corporation has long-term debt issued for three separate purposes, two supported by lease payments from the Town of Mammoth Lakes and one from Measure R – Sales Tax Revenue. The first debt was issued in August 2015 for $3,550,000 with a 15-year term and interest rate of 3.51%. This debt was secured to refund outstanding Certificates of Participation issued in 2000 for the purchase of the Bell Shaped Property as well as funding a portion of the construction of new police facilities. This debt was secured by the Town’s corporation yard while the new police facility was under construction. The outstanding balance of this debt as of 6/30/2023 is $1,939,000. The second debt was issued in October 2017 for $23,995,000 with an 18-year term and interest rate of 1.75 – 4.375%. This debt was secured to refinance of MLLA Settlement Debt. The outstanding balance of this debt as of 6/30/2023 is $18,725,000. The third debt was issued in October 2017 for $5,500,000 with a 10-year term and interest rate of 2.23%. This debt was secured to support construction of the Multi-Use Facility and is funded by Measure R Sales Tax. The outstanding balance of this debt as of 6/30/2023 is $2,900,000.

2 Changes in assets or liabilities within the year:

The Corporation had an outstanding loan obligation at the beginning of fiscal year 22-23 of $25,454,000 for all three long term obligations. The debt was reduced by scheduled payments (principal) of $1,890,000. These transactions are described in more detail below.

Annual Statement of Certain Transactions:

Long Term Debt – Lease Revenue Bond (2015)
The Corporation has received two lease payments from the Town of Mammoth Lakes and has subsequently made two scheduled payments totaling $314,394.45 in debt service for Lease Revenue Bond (2015) last fiscal year. These payments reduced the outstanding principal amount to $1,939,000 with 7 years remaining on the term.

Principal $ 240,000.00
Interest $ 74,394.45
Total debt service payments $ 314,394.45

3 Long Term Debt – Taxable Judgement Obligation Bonds (2017) The Corporation has received two lease payments from the Town of Mammoth Lakes and has subsequently made two scheduled payments totaling $1,868,406 in debt service for Taxable Judgement Obligation Bonds (2017) last fiscal year. These payments reduced the outstanding principal amount to $18,725,000 with 12.5 years remaining on the term.

Principal $1,105,000.00
Interest $ 763,406.00
Total debt service payments $1,868,406.00

4 Long Term Debt – Installment Sales Agreement (2017)
The Corporation has received two lease payments from Measure R – Sales Tax and has subsequently made two scheduled payments totaling $615,747 in debt service for Installment Sales Agreement (2017) last fiscal year. These payments reduced the outstanding principal amount to $2,900,000 with 4.5 years remaining on the term.

Principal $545,000.00
Interest $ 70,747.00
Total debt service payments $615,747.00
All payments are current on the outstanding debt and are being paid in accordance with the following schedule of payments.

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MAMMOTH LAKES MUNICIPAL SERVICE CORPORATION

MINUTES OF BOARD OF TRUSTEES MEETING
JANUARY 4, 2023
Town Clerk’s Notice of Meeting dated December 29, 2022

CALL TO ORDER
Trustee Wentworth called the meeting to order at 5:17 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes, California. The Board was present in its entirety with Trustees Chris Bubser, Sarah Rea, Amanda Rice, John Wentworth, and President Bill Sauser in attendance.

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

POLICY MATTERS

1. Election of officers – President, Secretary, and Treasurer.

ACTION:

It was moved by President Bill Sauser, seconded by Trustee Amanda Rice, and carried by a 5-0 roll call vote to appoint Mayor Wentworth as the President, Mayor Pro Tem Sauser as the Secretary, and Councilmember Bubser as the Treasurer.

2. Accept the Annual Report.

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

ACTION:

It was moved by Secretary Bill Sauser, seconded by Trustee Amanda Rice, and carried by a 5-0 roll call vote to accept the Annual Report.

CONSENT AGENDA

3. Approve the minutes of the meeting of January 19, 2022.

ACTION:

It was moved by Trustee Sarah Rea, seconded by Trustee Amanda Rice, and carried by a 5-0 roll call vote to approve the minutes of the meeting of January 19, 2022.

Mammoth Lakes Municipal Service Corporation Minutes
January 4, 2023

ADJOURNMENT
The Board adjourned the meeting at 5:22 p.m.

Respectfully submitted,
Jamie Gray
Town Clerk

BYLAWS OF THE MAMMOTH LAKES MUNICIPAL SERVICE CORPORATION Article I: Name
The name of this organization is Mammoth Lakes Municipal Service Corporation.

Article II: Purpose
The purpose for which this organization is formed shall be in its Articles of Incorporation.

Article III: Membership
This Corporation shall have no members and shall be governed solely by its Board of Directors.

All references to “members” shall not constitute a membership within the meaning of Section 5056 of the California Nonprofit Corporations Law.

Article IV: Corporate Offices

1. Principal Office. The principal office for the activities of the Corporation is located at 437 Old Mammoth Road, Suite 7, Mammoth Lakes, California 93546. The Board of Directors may change the principal office from one location to another. Any change of location shall be noted by the Secretary through amendments to these Bylaws.

2. Other Offices. The Board of Directors may at any time establish branch offices at any location in which the Corporation is qualified to conduct business.

Article V: Board of Directors

1. Responsibility. Except as otherwise provided by the Articles of Incorporation or by the Bylaws, the powers of the Corporation shall be exercised, its property shall be controlled, and its affairs shall be conducted by the Board of Directors (hereinafter referred to as the “Board”).

2. Number. There shall be a Board consisting of five (5) directors. The number of directors may be changed by amendment of these Bylaws from time to time, provided that no reduction of the number shall have the effect of removing any director in office.

3. Designation. The members of the Board shall be members of the Town Council of the Town of Mammoth Lakes.

4. Term. Each director shall hold office for a maximum term of four (4) years or until his or her successor has been elected or appointed.

5. Vacancies. Any vacancy on the Board, whether by reason of death, resignation, removal, change in the number of directors, or otherwise, shall be filled by the remaining members of the Board, even though less than a quorum. A director appointed to fill a vacancy shall be appointed for the unexpired term of his or her predecessor in office.

6. Removal. Any director may be removed from office with or without cause by a majority vote of the directors of this Corporation then in office.

7. Voting Rights. Each director shall be entitled to one (1) vote on all matters before the Board. There shall be no voting by proxy.

8. Public Meetings. All meetings of the Board, whether regular, special, or adjourned, shall be open to the public, except for closed or executive sessions authorized by law.

9. Annual Meetings. The Board shall meet annually in the month of January of each year, at a time, date, and place to be set by the Board. The annual meeting shall be held for the purposes of organizing the Board, electing officers, and transacting such other business as may come before the meeting.

10. Regular Meetings. Regular meetings of the Board shall be held at such frequency, time, and place as the Board shall from time to time determine.

11. Special Meetings. Special meetings may be called by the President of the Board or by a majority of the members of the Board by delivering personally or by mail written notice to each members of the Board and to each local newspaper of general circulation, and to each radio or television station requesting notice in writing. The notice shall be delivered personally or by mail and shall be received at least twenty-four (24) hours before the time of the meeting as specified in the notice, except for emergency meetings held in compliance with section 54956.5 of the Government Code. The call and notice for special meetings shall specify the time and place of the special meeting and the business to be transacted and no other business shall be considered at such meetings. Written notices may be dispensed with in the case of a Board member, who at or prior to the time of the special meeting, files a written waiver of notice with the Clerk or Secretary of the Board. Likewise, written notices may also be dispensed with in the case of members who are actually present at the meeting when it convenes.

12. Notice of Meetings. Notice of the time and place for any meeting for which notice is required by law or these Bylaws shall be delivered personally, communicated by telephone or telegraph, or sent to each director by priority mail, charges prepaid, addressed to the director either at his or her address as it is shown on the records if the Corporation, or, if it is not so shown on such records or is not readily obtainable, to the place at which meetings of the Board are regularly held. If personally delivered or communicated by telephone or telegraph, such notice shall be delivered at least fortyeight (48) hours prior to the hour set for the meeting. If sent by mail, such notice shall be mailed at least four (4) days prior to the day set for the meeting.

13. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting of the Board. The act of the majority of the voting power present at any meeting at which a quorum is present shall be considered the act of the Board.

14. Place. The Board shall hold its meetings at the principal office of the Corporation or at such other place as it may designate.

15. Validation of Transactions. The transactions of the Board occurring at any meeting, however called or noticed, or wherever held within the Town of Mammoth Lakes, shall be as valid as though such meeting were duly held after regular call and notice if a quorum be present and if, either before or after the meeting, each director who would have been entitled to vote at the meeting but who was not present signs a written waiver of notice, a consent to the holding of such meeting, or an approval of the minutes thereof.

All such waivers, consents, or approvals shall be filed with the corporate records and made a part of the minutes of the meeting.

16. Adjournment of Meetings. The Board may adjourn any regular, special, or adjourned special meeting to a time and place specified in the order of adjournment, provided that the provisions of Section 54955 of the Government Code are complied with.

17. Posting of Agendas. The Board shall post agendas of all regular meetings containing a brief general description of each item of business to be transacted or discussed at the meeting, at least seventy-two (72) hours before such regular meeting. The agenda shall specify the time and location of the meeting and shall be posted in a location that is freely accessible to members of the public. No action shall be taken on any item not appearing on such posted agendas, except as provided by Section 54954.2 of the Government Code.

18. Opportunity for the Public to Address the Board. Each agenda for a regular meeting shall provide an opportunity for members of the public to address the Board directly on matters of interest to the public, provided that such matters are within the subject matter

jurisdiction of the Board, and provided that no action shall be taken by the Board on any item arising out of such speeches unless the matter already appears on the agenda. The Board may adopt reasonable regulations which limit the total amount of time allotted to for public speakers and for each individual speaker.

19. Compensation of Directors. Directors, members of committees, and officers shall receive no compensation for their service. However, they shall be entitled to receive such just and reasonable reimbursement of expenses as may be determined by the Board.

Article VI: Officers

1. Officers. The officers of the Corporation shall consist of a President, a Secretary, and a Treasurer, each of whom shall be a director. The offices of Secretary and Treasurer may be held by the same person, provided that the President shall not be that person. The Board may establish such other offices as it shall deem advisable. Additional officers so elected shall hold office for such period and shall haves such power and duties as the Board may from time to tome authorize.

2. Election. The officers of Corporation shall be elected by the Board at its annual meeting.

The Board may accept suggestions for nominations for officers from any director, and officers shall be elected by a majority of the directors present and voting. Each such officer shall hold office for a maximum of four (4) years or until his or her successor shall be selected and qualified to serve. A vacancy in any office because of death, resignation, removal, disqualification or otherwise may be filled for the unexpired term at any meeting of the Board.

3. President. The President shall preside at all meetings of the directors. He or she shall have such other duties and powers as may be conferred by the Board.

4. Secretary. The Secretary shall keep or cause to be kept a book of minutes at the principal office or at such other place as the Board may order of all meetings of the directors with the time and place of holding, whether regular or special, and if special how authorized, the notice thereof given, the names of those present at the directors’ meeting, and the proceedings thereof. The Secretary shall give or cause to be given notice of all the meetings of the Board required by these Bylaws or by law to be given, and the Secretary shall keep the seal of the Corporation in safe custody and shall have such other powers and perform such other duties as may be prescribed by the Board from time to time.

5. Treasurer. The Treasurer shall be the chief financial officer of the Corporation and shall keep and maintain or cause to be kept and maintained adequate and correct accounts of

the properties and business transactions of the Corporation, including accounts of its assets, liabilities, receipts, disbursements, gains, and losses. All monies and other valuables shall be deposited in the name and to the credit of the Corporation with such depositories as may from time to time be designated by the Board. The funds of the Corporation shall be deposited in the name and to the credit of the Corporation with such depositories as may from time to time be designated by the Board. The funds of the Corporation shall be disbursed upon the check or draft of the Corporation signed pursuant to the order of the Board. When requested by the President or the Board, the Treasurer shall render an account of the financial condition of the Corporation and shall perform all other duties required of him or her by the President, directors, and committees pertaining to the office of the Treasurer.

6. Removal of Officers. Without prejudice to any rights of an officer under and contract of employment, an officer may be removed with or without cause by the Board and also, if the officer was not chosen by the Board, by any officer on whom the Board may confer that power of removal.

7. Resignation of Officers. Any officer may resign at any time by giving written notice to the Corporation. The resignation shall take effect as of the date the notice is received or at any later time specified in the notice and, unless otherwise specified in the notice, the resignation need not be accepted to be effective. Any resignation shall be without prejudice to the rights, if any, of the Corporation under any contract to which the officer is a party.

Article VII: Committees

1. Committees Generally. Committees of the Board shall be standing or special. Each committee shall exercise such power and carry out such functions as are designated by these Bylaws or as delegated by the Board from time to time. Such committees are subject are subject to Section 5212 of the Nonprofit Corporations Law.

2. Membership, Appointment. The chairperson and members of each committee shall be appointed annually by the President, subject to approval by the Board.

3. Quorum, Meetings. A majority of the members of a committee shall constitute a quorum at any meeting of that committee. Each committee shall meet as often as is necessary to perform its duties.

4. Vacancies. Vacancies in any committee shall be filled for the unexpired portion of the term in the same manner as provided in the case of original appointment.

5. Expenditures. Except as may otherwise be provided by the Board or by these Bylaws, any expenditure of corporate funds by a committee shall require prior approval of the Board.

Article VIII: Insurance
The corporation shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of its officers, directors, employees, and other agents, against any liability asserted against or incurred by any officer, director, employee, or agent in such capacity or arising out of the officer’s, director’s, employee’s, or agent’s status as such.

Article IX: Records and Reports

1. Maintenance of Corporate Records. The Corporation shall keep:
(a) Adequate and correct books of records of account;
(b) Written minutes of the proceedings of its board and committees; and (c) A record of each director’s name and address.

2. Maintenance and Inspection of Articles and Bylaws. The Corporation shall keep at its principal office, or if its principal office is not in California, at its principal business office in this state, the original or a copy of the articles of incorporation and bylaws, as amended to date, which shall be open to inspection by the directors at all reasonable times during office hours. If the principal office of the corporation is outside California and the corporation has no principal business office in this state, the Secretary shall, on the written request of any director, furnish to that member a copy of the articles of incorporation and bylaws, as amended to date.

3. Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect the corporation’s books, records, documents of every kind, physical properties, and the records of each of its subsidiaries. The inspection may be made in person or by the director’s agent or attorney. The right of inspection includes the right to copy and make extracts of documents.

4. Annual Report. The Board shall have cause an annual report to be sent to the directors within 120 days after the end of the corporation’s fiscal year. That report shall contain the following information, in appropriate detail, for the fiscal year:
(a) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year.
(b) The principal changes in assets and liabilities, including trust funds.

(c) The revenue or receipts of the Corporation both unrestricted and restricted to particular purposes.
(d) The expense of disbursements of the Corporation for both general and restricted purposes.
(e) Any information that is required by Article IX, 5, of these Bylaws.

The annual report shall be accompanied by any report on it of independent accountants or, if there is no such report, by the certificate of an authorized officer of the corporation that such statements were prepared without audit from the corporation’s books and records.

5. Annual Statement of Certain Transactions and Indemnifications. As part of the annual report, the corporation shall annually prepare and furnish to each director a statement of any transaction or indemnification of the following kind within 120 days after the end of the corporation’s fiscal year.
(a) Any transaction (i) in which the corporation, its parents, or its subsidiary was a party, (ii) in which an “interested person” had a direct or indirect material financial interest, and (iii) which involved more than $50,000, or was one of a number of transactions with the same interested person involving, in the aggregate, more than $50,000. For this purpose, an “interested person” is either one of the following:
(1) Any director or officer of the corporation, its parent, or subsidiary (but mere common directorship shall not be considered such an interest); or (2) Any holder of more than 10 percent of the voting power of the corporation its parent, or its subsidiary.

The statement shall include a brief description of the transaction, the names of the interested persons involved, their relationship to the corporation, the nature of their interest in the transaction and, if practicable, the amount of that interest, provided that if the transaction was with a partnership in which the interested person is a partner, only the interest of the partnership need be stated. (b) Any indemnification or advances aggregating more than $10,000 paid during the fiscal year to any officer or director of the corporation under Article VIII of these bylaws.

Article X: Construction and Definitions
Unless the context requires otherwise, the general provisions, rules of construction and definitions in the California Nonprofit Corporation law shall govern the construction of these bylaws. Without limiting the generality of the preceding sentence, the masculine gender includes the feminine and neuter, the singular includes the plural, the plural includes the singular, and the term “person” includes both a legal entity and a natural person.

Article XI: General Provisions

1. Bonding. All employees handling funds shall be properly bonded.

2. Self-Dealing. In the exercise of voting rights by members of the Board, no individual shall vote on any issue, motion, or resolution which directly or indirectly inures to his or her benefit financially except that such individual may be counted in order to qualify a quorum and, except as the Board may otherwise direct, may participate in the discussion of such an issue, motion, or resolution if he or she first discloses the nature of his or her interest, subject to Section 5230 through, and including Section 5239 of the California Corporations Code or any successor statute.

3. Fiscal Year. The fiscal year of this corporation shall end on the 30th day of June of each year.

Article XII: Amendments
These bylaws may be amended or repealed, or new bylaws may be adopted, by majority vote of the directors of the corporation present and voting at any duly held meeting of the Board or by unanimous written consent of the members of the Board.