Agenda packet — Mammoth Lakes City Council, March 20, 2024

Town Council Agenda

Wednesday, March 20, 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.

ZOOM INFORMATION
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1. CALL TO ORDER AND ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENTS
The Public Comment portion of the agenda provides the public with an opportunity to address the Town Council on matters not otherwise listed on the agenda. Under California law the Town Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the Town Council may briefly respond to comments or questions from members of the public. Therefore, the Town Council will listen to all public comment, but will not generally discuss the matter or take action on it. Requests for service from the Town may also be made at the Town offices during regular business hours.

Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration.

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

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

5.1 Receive the monthly Parcel Affordable Housing Project Construction Update.

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

6. STAFF PRESENTATIONS

6.1 Presentation of the 2023 Building Department statistics presented by Building Official Tom Perry.

7. CONSENT AGENDA

7.1 Approve the minutes of the regular meeting of March 6, 2024.

7.2 Cancel April 17, 2024 Town Council Meeting.

7.3 Approve the resolution authorizing the purchase of the real property located at 1629 Majestic Pines Drive, Unit 91 in the Bigwood Condominium complex for the Town’s Housing NOW! BRIDGE Program.

7.4 Approve the resolution authorizing the sale of the real property located at 1629 Majestic Pines Drive, Unit 101 in the Bigwood Condominium complex under the Town’s Housing NOW! BRIDGE Program.

7.5 Approve the resolution authorizing the sale of the real property located at 449 Sierra Manor Road, Unit 12 in the Forest Meadows Condominium complex under the Town’s Housing NOW! BRIDGE Program.

7.6 Waive the reading and adopt by title only the ordinance amending Chapter 3.12 Transient Occupancy Tax and 5.40 Transient Rental of Residential Units of the Town of Mammoth Lakes Municipal Code.

7.7 Waive the reading and adopt by title only the ordinance to terminate the moratorium on the issuance of Short-Term Rental Certificates.

Page 2 of 135 ends

7.8 Accept Payment Approval Report 3/7/24 in the amount of $1,552,886.71. Accept Payment Approval Report 3/14/24 in the amount of $109,139.44.

8. PUBLIC HEARINGS
Public Hearing Procedure.

The Mayor will open the public hearing and then: Statement and presentation by staff.

Statement and presentation by property owner or appellant. Questions from the Town Council. Call for testimony. Rebuttal to previous testimony by property owner or appellant.

Close the public hearing, terminating public testimony. The Town Council will deliberate the matter and arrive at a decision.

8.1 2024/25 Parks and Recreation Department Fee Schedule Amendments.

9. POLICY MATTERS

9.1 Presentation on budget performance through the second quarter of Fiscal Year 23-24 and approval of Budget Amendments.

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

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

Page 3 of 135 ends

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

Council Meeting Date: 3/20/2024
Prepared by: Nolan Bobroff, Community and Economic Development Director; Amy Callanan, Engineering Manager
Recommended Motion: This is an informational item only. No recommendations or action is needed.

Summary: Staff will provide the Town Council with updates on Phase 1 (The Sawyer) and Phase 2 (The Kingfisher) of the Parcel. Representatives from the developer will be available to answer questions from the Town Council.
- Buckingham (Property Manager) reached out during the week of March 4th to the initial ~150 households on the interest list to schedule in-person interviews for the week of March 11th and to provide information on what documentation is needed at the interviews to verify income, employment, etc.
- In-person interviews were held the week of March 11th. Final number of households interviewed and estimated data on how many are income qualified will be available prior to the 3/20 meeting.
- Construction is still ongoing and the target completion date remains early April

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1 Mammoth Lakes Town Council
Agenda Action Sheet
Title: Mammoth Main Base Redevelopment Project Update (Mammoth Mountain Main Lodge Area).

Meeting Date: March 20, 2024
Prepared by: Jen Murillo, Contract Planner
RECOMMENDATION:

This is an informational item only. No recommendation or action is needed.

SUMMARY:

The Mammoth Main Base Redevelopment Project is a major private development application being processed by the Town. Below is a high-level update on this application:
[changes from 2/21/24 update are highlighted]
 Environmental Review (CEQA/NEPA) – Environmental analysis (i.e., preparation of the Draft Environmental Impact Report/Environment Impact Statement (EIR/EIS)) has not started and is pending additional project information. USFS, Town, and applicant discussions regarding potential CEQA/NEPA alternatives are underway.
 Outreach – Meetings with the project’s “Working Group” are underway to discuss key project topics and issues. The Working Group consists of Town staff, the applicant, and various stakeholders (e.g., Mammoth Lakes Fire Protection District, Mammoth Lakes Police Department, etc.). Future public meetings are anticipated to be topic focused as discussions with the Working Group proceed.  State Route (SR) 203 Potential Relinquishment Analysis – Caltrans is preparing a Relinquishment Assessment Report (RAR) to study the relinquishment of SR 203. Town staff is communicating with the applicant on information the Town needs to evaluate relinquishment. The Town and Caltrans will continue to coordinate as appropriate.
 Target Schedule
Ongoing Working Group meetings
Spring/Mid-2024 Additional outreach meetings/events (TBD) Late 2024 Draft EIR/EIS available for review
Late 2025 Town Council decision on project
Attachments:
- Project Update Presentation (March 2024)
Relevant project links:
 Town’s project webpage - www.townofmammothlakes.ca.gov/1155/MammothMain-Base-Redevelopment  USFS project webpage - www.fs.usda.gov/project/?project=62406  Applicant’s project webpage - www.evolvingmain.com/

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Mammoth Main Base Redevelopment
Project (Evolving Main)
Town Council Update
March 20, 2024 Page 6 of 135
3/20/24 Mammoth Main Base Redevelopment Project (Evolving Main) | 2 Project Context

Page 7 of 135 ends

3/20/24 Mammoth Main Base Redevelopment Project (Evolving Main) | 3 Illustrative Timeline

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3/20/24 Mammoth Main Base Redevelopment Project (Evolving Main) | 4 Outreach
Department Updates – Council & Commission (public, monthly) Working Group (not public)
Workshops (public, dates TBD)
Advisory Design Panel Meetings (public, dates TBD)
Public Hearings (public, dates TBD)
Project information
sheet available
(to be updated
when needed)

Page 9 of 135 ends

3/20/24 Mammoth Main Base Redevelopment Project (Evolving Main) | 5 What’s Happening Now? (1 of 2)
• State Route 203
o Applicant working through design relative to Caltrans standards o Caltrans working on Relinquishment Assessment Report (RAR) o Town communicating with applicant on information needs for Town’s analysis • Housing
o Working Group meetings held 1/12, 2/16, & 3/8
o Applicant to submit a proposed housing plan
• Emergency Access/Egress
o Town and MLFPD discussions ongoing
o 2nd Working Group meeting on this topic with MLFPD and MLPD 3/15

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3/20/24 Mammoth Main Base Redevelopment Project (Evolving Main) | 6 What’s Happening Now? (2 of 2)
• Public Access and Recreation
o Working Group meeting held 1/19 (included USFS and Mammoth Lakes Recreation) o Applicant correcting/revising trail network map
• Specific Plan
o More information on previous topics to be provided/developed o Applicant to prepare/submit draft Specific Plan
• CEQA/NEPA
o More information on previous topics to be provided/developed o NEPA/CEQA alternatives being discussed
• Mono County Board of Supervisors (BOS)
o Presentation to BOS on project expected on April 9th

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3/20/24 Mammoth Main Base Redevelopment Project (Evolving Main) | 7 Thank You
Town’s project webpage - www.townofmammothlakes.ca.gov/1155/Mammoth-Main-Base-Redevelopment USFS project webpage - www.fs.usda.gov/project/?project=62406 [email sign up here] Applicant’s project webpage - www.evolvingmain.com/

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2023
Town of Mammoth Lakes
Building Division Report
Presented by: Tom Perry, Building Official

Page 13 of 135 ends

827
726
797 829
952
727 722 737
797
922
2019 2020 2021 2022 2023
Total # of Permits
Total # of permits submitted Total # of permits issued

Page 14 of 135 ends

$72,001,032
$17,516,393
$77,929,298
$86,796,787
$49,587,510
$31,033,482 $32,019,022
$36,378,610
$52,958,837
$90,055,910
$0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
$80,000,000
$90,000,000
$100,000,000
2019 2020 2021 2022 2023
Total Valuation of Permits
Valuation (of submitted) Valuation (of issued)

Page 15 of 135 ends

19 3
9 17 15 7 10 8 14 8
2019 2020 2021 2022 2023
New Single-Family Dwelling (SFD)
Permits
Submittted SFD Issued SFD
46 1
6 4
11 13 20 11 12 7
2019 2020 2021 2022 2023
New Multi-Family Dwelling (MFD)
Permits
Submitted MFD Issued MFD
1 0 0 0 1 1 18 11 7 10
2019 2020 2021 2022 2023
New Commercial/Lodging/Industrial (CLI)
Permits
Submitted CLI Issued CLI
8 2 3 2 5 3 6 5 2 3
2019 2020 2021 2022 2023
New Accessory Dwelling Units (ADU)
Permits
Submitted ADU Issued ADU

Page 16 of 135 ends

Valuation
Range
between
$5,000 and
$150,000
Permit application submittals with a valuation
range between $5,000 and $150,000 should
be able to be completed in-house (vs. sending
to an outside plan checker).

Page 17 of 135 ends

351 327
418 435
592
42% 45%
52% 52%
62%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
0 100
200
300
400
500
600
700
800
900
1000
2019 2020 2021 2022 2023
Valuation Range: Permits Valued Between $5,000 & $150,000 # of Permits within Valuation Range % of Permits within Valuation Range

Page 18 of 135 ends

351 312 327 285 418 358 435 397 592 567
89%
87%
86%
91%
96%
75%
80%
85%
90%
95%
100%
0 100
200
300
400
500
600
2019 2020 2021 2022 2023
Internal Plan Checks Completed
(or No Review Required)
for Permits Within Valuation Range
# of Permits within Valuation Range
# of Internal Plan Checks Completed (or no review required) % of Internal Plan Checks Completed (or no review required) 161
Did not
require
review
152
Did not
require
review
171
Internal
plan
checks
187
Did not
require
review
151
Internal
plan
checks
158
Internal
plan
checks
239
Did not
require
review
360
Internal
plan
checks
207
Did not
require
review
133
Internal
plan
checks

Page 19 of 135 ends

351 39 327 418 435 592 42 60 38 25
11% 13% 14%
9%
4%
0%
10%
20%
30%
40%
50%
60%
70%
80%
0 100
200
300
400
500
600
2019 2020 2021 2022 2023
Outside Plan Checks Completed
for Permits Within Valuation Range
# of Permits within Valuation Range # of Outside Plan Checks Completed % of Outside Plan Checks Completed

Page 20 of 135 ends

2092
1800 1785 1824
2140
2019 2020 2021 2022 2023
Number of Inspections Performed
NOTE: This number
does not include
inspections performed
related to reports of
snow damage.

Page 21 of 135 ends

Year Total # of
Permits Issued
Valuation
(of Issued)
Total # of
Permits
Submitted
Valuation
(of Submitted)
% of Permits
Submitted
within
Valuation
Range
% of Internal
Plan Checks
Completed (or
No Review
Required)
within
Valuation
Range
Total # of
Inspections
Performed
2019 727 $31,033,482 827 $72,001,032 42% 89% 2092
2020 722 $32,019,022 726 $17,516,393 45% 87% 1800
2021 737 $36,378,610 797 $77,929,298 52% 86% 1785
2022 797 $52,958,837 829 $86,796,787 52% 91% 1824
2023 922 $90,055,910 952 $49,587,510 62% 96% 2140

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$654,846
$541,755
$703,326
$809,806
$572,403
$232,920
$78,012
$197,770 $180,731
$137,047
$623,387
$934,971
$1,219,892
$877,731
$742,826
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
FY2019-20 FY2020-21 FY2021-22 FY2022-23 FY2023-24
to-date

BUILDING DIVISION REVENUE/EXPENDITURES
TOTAL Expenses Contractual Services Expenses Permit Revenue

Page 23 of 135 ends

Building and
Permits
30%
Trees
9%
Nuisance,
Storage &
Vehicle
14%
Lighting
11%
Trash
11%
Substandard
7%
Snow
6%
Signs
4%
Misc. 8% CASES BY TYPE
Cases by Type
Building and Permits 216
Trees 66
Nuisance, Storage & Vehicle 99
Lighting 83
Trash 76
Substandard 52
Snow 43
Signs 28
Miscellaneous 56
Total 719
Miscellaneous includes: Animal, Camping, Tobacco,
Graffiti, Paint, Trespass, BTC/TOT, Addressing, Non Snow ROW, Pool & Spa, Al Fresco, Bed bugs, Mechanical and
Fire Code.

Code Compliance

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21 13
41 40
36 0
5 10
15 20
25 30
35 40
45 2019 2020 2021 2022 2023

STOP WORK ORDERS

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2023 Winter Snow Damage

TAG DEFINTIONS
Building damage poses an imminent threat to life or safety There is some risk from damage in all or part of the building.

A building permit is required for the repair.

Propane only related hazards.

The hazard has been temporarily resolved, but a permanent fix is required.

The building has been inspected as safe. Page 26 of 135 2023 Winter Snow Damage
Overall Statistics
 850 inspections were performed by
Town staff, Mammoth Lakes Fire
District, and State resource agencies.
 680 tags were issued.
 398 structures were tagged.
 310 structures received tags for
damage.
 336 public surveys (a report of
damage from a member of the
public) were submitted.
66 179
47 29
359
Total Tags Issued

20.56%

55.76%

14.64%

9.03%
Tags Issued for Damage
Red
Yellow
Minor Damage - BP Needed
Propane

Page 27 of 135 ends

6 60
49 130
38 9 14 15 11 15
302
31 Current
Historic
Current
Historic
Current
Historic
Current
Historic
Current
Historic
Current
Historic
Red Red YellowMinor Damage - BP Needed YellowMinor Damage - BP Needed PropanePropane Green Temporary Green Temporary Green Final Green Final Current vs. Historic Tags
2023 Winter Snow Damage
Historic = Tag has been
changed to a different
color, usually to green
(i.e. damage has been
resolved)
Current = Tag is still
applicable. Status may
include no building
permit submitted,
building permitted
submitted but not
issued, building permit
issued but not
inspected or finalized.
21 with no
building permit
associated
26 with no
building permit
associated
11 with no
building permit
associated
1 with no
building permit
associated
1 with no
building permit
associated

Page 28 of 135 ends

317
46 298
40 2023 2022 2023 2022
Submitted Issued

REPAIR PERMITS
2023 Winter Snow Damage

Page 29 of 135 ends

Thank you
For further questions or comments,
please contact the Building Division.

Page 30 of 135 ends

Town Council of Mammoth Lakes
Minutes of Regular Meeting
March 6, 2024, 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 4:02 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

2. PLEDGE OF ALLEGIANCE
Daniel C. Holler led the flag salute.

3. PUBLIC COMMENTS
Former Town Manager Daniel C. Holler and Parks and Recreation Director Stuart Brown presented the Council with a picture of the LA Kings Ice at Mammoth Lakes Puck Drop.

Brianna Goico, Assistant Director of the Mammoth Lakes Chamber of Commerce, gave an update regarding current Chamber activities.

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

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Town Council Minutes
March 6, 2024

Page 2 of 5 ends

5. INTRODUCTIONS

5.1 Introduce and swear in new Mammoth Lakes Police Department Sergeant Wes Hoskin.

Police Chief Dan Casabian introduced Sergeant Hoskin to the Council and the community. Town Clerk Jamie Gray administered the oath of office to Sergeant Hoskin.

6. WORKSHOP

6.1 Joint workshop with the Parks and Recreation Commission.

Parks and Recreation Commissioners Greg Newbry and Scott Reif and Chair Dan O'Connell were in attendance. Vice Chair Silver Chesak arrived at 4:30 p.m. Commissioner Ben Wisner arrived at 4:40 p.m.

Chair O'Connell outlined his concerns regarding the state of the community center tennis courts. There was discussion among members of the Commission and Council.

Parks and Recreation Director Stuart Brown outlined the Parks and Recreation Department 2024 Strategic Priorities and Key Objectives.

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

The Mayor called a recess at 5:10 p.m. and the Council reconvened at 5:19 p.m.

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

7.1 Did you Know? Styrofoam Ban.

Councilmember Bubser asked for an update regarding the ban.

Assistant to the Town Manager Pam Kobylarz gave an update regarding the status of the implementation of the ban.

7.2 March 2024 Public Works Engineering CIP Update.

7.3 March 2024 Office of Outdoor Recreation Update.

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

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Town Council Minutes
March 6, 2024

Page 3 of 5 ends

8. CONSENT AGENDA
Moved by Councilmember John Wentworth
Seconded by Mayor Pro Tem Chris Bubser
Approve the Consent Agenda.

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

8.1 Approve the minutes of the regular meeting of February 21, 2024.

8.2 Authorize the Town Manager to execute an Agreement with Ms. Luna Tello (Contractor) for the operation of a Food Truck at the Community Recreation Center, subject to final legal review and approval by the Contractor.

8.3 Award contract for the S.H.A.R.P. Trailhead Facilities Project to Spiess Construction Co., Inc.

8.4 Accept Check Register 2/22/24 in the amount of $661,292.92. Accept Check Register 2/28/24 in the amount of $212,616.98.

9. POLICY MATTERS

9.1 Waive the reading and introduce by title only the ordinance amending Municipal Code Chapter 3.12 – Transient Occupancy Tax and 5.40 Transient Rental of Residential Units.

Town Manager Rob Patterson outlined the information in the staff report.

There was discussion among members of Council and staff.

PUBLIC COMMENT:

Dan Sherby asked about the definition of the local emergency contact. Mr.

Patterson responded.

Moved by Councilmember John Wentworth
Seconded by Councilmember Amanda Rice
Waive the reading and introduce by title only the ordinance amending Municipal Code Chapter 3.12 Transient Occupancy Tax and 5.40 Transient Rental of Residential Units.

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Town Council Minutes
March 6, 2024

Page 4 of 5 ends

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

9.2 Waive the reading and introduce by title only the ordinance to terminate the moratorium on the issuance of Short-Term Rental Certificates.

Town Manager Rob Patterson outlined the information in the staff report.

There was discussion among members of Council and staff.

PUBLIC COMMENT:

John Morris, Chair of the STR Advisory Committee, said that we needed to pass the ballot measure in November to increase TOT to fund housing.

Moved by Mayor Bill Sauser
Seconded by Councilmember John Wentworth
Waive the reading and introduce by title only the ordinance lifting the current moratorium on the issuance of new short-term rental registration certificates pursuant to the Town of Mammoth Lakes Municipal Code Title 5.

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

9.3 Appointment of Town Council Representative to the Mono County Local Transportation Commission.

Town Manager Rob Patterson outlined the information in the staff report.

There was discussion among members of Council and staff.

Moved by Councilmember Amanda Rice
Seconded by Councilmember John Wentworth
Appoint Mayor Pro Tem Bubser in place of Councilmember Rice as the Town Council Representative to the Mono County Local Transportation Commission.

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Town Council Minutes
March 6, 2024

Page 5 of 5 ends

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

10. COUNCILMEMBER REPORTS
Councilmember Wentworth attended the Mammoth Lakes Tourism Board meeting, the Eastern Sierra Sustainable Recreation Partnership (ESSRP) meeting, the California Jobs First HRTC meeting, former Town Manager Dan Holler's retirement party, and the Eastern Sierra Council of Governments meeting.

Mayor Pro Tem Bubser attended the California Jobs First HRTC meeting.

11. CLOSED SESSION
At 6:18 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.

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 AFTER CLOSED SESSION
The Council reconvened from closed session at 6:57 p.m. and announced that there was no reportable action taken.

13. ADJOURNMENT
The Council adjourned the meeting at 6:57 p.m.

Jamie Gray, Town Clerk

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Mammoth Lakes Town Council
Agenda Action Sheet
Title: Cancel April 17, 2024 Town Council Meeting.

Council Meeting Date: 3/20/2024
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Cancel the meeting of April 17, 2024 because of the lack of agenda items and the absence of Councilmembers Rea and Rice and direct the Town Clerk to notice such cancellation.

Summary: Our schedule of upcoming meetings reflects very few agenda items for April 17, 2024.

In addition, Councilmembers Rea and Rice will be unable to attend the meeting on the 17th. Due to the lack of agenda items and the absence of two Councilmembers, the Council may want to consider cancelling this meeting.

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Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the resolution authorizing the purchase of the real property located at 1629 Majestic Pines Drive, Unit 91 in the Bigwood Condominium complex for the Town’s Housing NOW! BRIDGE Program
Council Meeting Date: 3/20/2024
Prepared by: Nolan Bobroff, Community and Economic Development Director Recommended Motion: Approve the resolution authorizing the purchase of the real property located at 1629 Majestic Pines Drive, Unit 91 in the Bigwood Condominium complex for the Town’s Housing NOW! BRIDGE Program.

Summary: Staff is recommending the Town Council authorize the purchase of the following condominium unit:
1629 Majestic Pines Drive, Unit 91 (Bigwood complex): 1-bedroom + Loft, 2-bath, 1,044 squarefoot unit with a detached 1-car garage.  Listing Price: $619,000, plus closing costs (Town has the unit under contract for $575,000)  Estimated Sales Price (future): $420,000, plus closing costs  Estimated Subsidy: $155,000
This unit will be acquired using Bridge Program funding as a part of the Town’s Housing NOW! initiative. The goal of the Bridge Program is to increase the number of affordable ownership units within the Town through the purchase of existing market-rate homes that are then deed-restricted and sold to qualified households at a subsidized price. Qualified households can make no more than 150% Area Median Income (AMI) to be eligible (the Town may consider increasing the target AMI to 200% AMI due to ongoing high purchase prices that remain unattainable even for higher earning local households). The goal for the program is to maintain an average subsidy of approximately $150,000 per unit with a goal of adding 12 units to the Town’s deed-restricted unit portfolio. This will be the ninth unit acquired as a part of the Bridge program utilizing the funds allocated by the Town Council for such purposes.

Eastern Sierra Community Housing (ESCH), acting as the Town’s realtor on the sale, lists the Bridge Program units for sale at deed restricted prices that are affordable to ‘middle-income’ earning households (120% - 200% AMI) on an ongoing basis. Individuals interested in purchasing a unit through the Bridge program should contact Eastern Sierra Community Housing (ESCH) at (760) 934-4740.

The acquisition of this unit is consistent with the Town Council 2023 Strategic Priority to “Invest in Community Focused projects” and key objective statement to “Continue implementation of the Town’s Housing NOW! Initiative programs to deliver a mix of community housing opportunities (e.g., ‘missing middle’ and Parcel Phase 2).”

Page 37 of 135 ends

RESOLUTION NO. 2024-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, AUTHORIZING THE

PURCHASE OF THE PROPERTY LOCATED AT
1629 MAJESTIC PINES DRIVE, UNIT 91 IN THE

BIGWOOD CONDOMINIUM COMPLEX
(APN: 033-301-091-000)
WHEREAS, the Town Council’s strategic priorities adopted on December 20, 2023 include a priority to “Invest in Community Focused projects” and a key objective statement to “Continue implementation of the Town’s Housing NOW! Initiative programs to deliver a mix of community housing opportunities (e.g., ‘missing middle’ and Parcel Phase 2)”; and WHEREAS, the Town Council has authorized funding for the implementation of several housing policy directives and programs, branded as the “Housing NOW!” initiative; and WHEREAS, implementation of Town housing programs includes the dedication of Town resources to provide a range of community housing that is available and affordable to those working in the community; and
WHEREAS, to effectively implement the Town’s Housing NOW! program, the Town has set aside resources to provide a range of community housing that is affordable to the community, including community housing opportunities for households that earn above 80% of the area median income (AMI) (“moderate-income households”); and WHEREAS, state and federal programs generally do not provide funding assistance to households that earn above 80% AMI, despite those households not being able to afford housing in the Town of Mammoth Lakes; and
WHEREAS, the Town has the opportunity to work in partnership with private property owners to further the availability of workforce housing by purchasing market-rate housing units that are then either: (a) re-sold as a deed restricted unit at a reduced affordable price; or (b) retained as rental workforce housing units; and
WHEREAS, consistent with the statement above, the Town has the opportunity to purchase the residential unit located at 1629 Majestic Pines Drive, Unit 91 (“Property”) within the Bigwood condominium complex, which will then be re-sold as a deed-restricted unit at a reduced affordable price; and
WHEREAS, the proposed sale of the Property is considered to be a voluntary, arm’s length transaction and the seller of the Property is not eligible for relocation payments or other relocation assistance; and
WHEREAS, the purchase and sale of housing units by the Town requires the execution of required real estate documents and use of licensed real estate professionals to secure information necessary to implement the Town’s housing programs and initiatives to expand availability and affordability of community housing through the purchase of property, conversion of existing housing units, and the sale of housing units; and

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Resolution No. 24-__

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

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

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

Section 2. The Town Council authorizes purchase of the Property, being a one-bedroom plus loft condominium, for the price of $575,000, plus related closing costs. The purchase is deemed to be “for the public benefit” for purposes of Government Code Section 37350.

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

APPROVED AND ADOPTED THIS 20th day of March 2024.
___________________________________
BILL SAUSER, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

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Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the resolution authorizing the sale of the real property located at 1629 Majestic Pines Drive, Unit 101 in the Bigwood Condominium complex under the Town’s Housing Now! BRIDGE Program
Council Meeting Date: 3/20/2024
Prepared by: Nolan Bobroff, Community and Economic Development Director Recommended Motion: Approve the resolution authorizing the sale of the real property located at 1629 Majestic Pines Drive, Unit 101 in the Bigwood Condominium complex under the Town’s Housing NOW! BRIDGE Program.

Summary: Staff is recommending the Town Council authorize the sale of the following Townowned condominium unit:
1629 Majestic Pines Drive, Unit 101 (Bigwood complex): 1-bedroom, 1-bath, 672 square-foot unit with a detached 1-car garage
• Purchased (Dec-2023): $473,497 ($470,000 Purchase Price + $3,497 in closing costs) • Sales Price (proposed): $310,000 (120% AMI) - $335,000 (150% AMI), plus closing costs • Estimated Subsidy: $135,000 (150% AMI) - $165,000 (120% AMI) The unit being sold was acquired in December 2023 with Bridge Program funding as a part of the Town’s Housing NOW! initiative. The goal of the Bridge Program is to increase the number of affordable ownership units within the Town through the purchase of existing market-rate homes that are then deed-restricted and sold to qualified households at a subsidized price. The program is intended to target ‘missing-middle’ households earning between 120% - 200% of the area median income (AMI) with an average subsidy of $150,000 per unit. The Town has set a goal of adding 12 units to the Town’s deed-restricted unit portfolio. This will be the sixth unit listed for sale as a part of the Bridge program. Together with the five units previously sold, the additional three units that will be listed for sale in the near future, and the subject unit, there will be a total of nine units added to the Town’s deed-restricted unit portfolio.

Eastern Sierra Community Housing (ESCH) will serve as the Town’s realtor on the sale of this unit under the Town/MLH contract. They will initially reach out to households on their homeownership waitlist to find an interested income-qualified household, and then, if necessary, list the unit on the MLS to find a qualified household. Individuals interested in purchasing a unit through the Bridge Program should contact Eastern Sierra Community Housing (ESCH) at (760) 934-4740.

The sale of this unit is consistent with the Town Council 2023 Strategic Priority to “Invest in Community Focused projects” and key objective statement to “Continue implementation of the Town’s Housing NOW! Initiative programs to deliver a mix of community housing opportunities (e.g., ‘missing middle’ and Parcel Phase 2).”

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RESOLUTION NO. 2024-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, AUTHORIZING THE

SALE OF THE PROPERTY LOCATED AT
1629 MAJESTIC PINES DRIVE, UNIT 101 IN THE

BIGWOOD CONDOMINIUM COMPLEX
(APN: 033-301-101-000)
WHEREAS, the Town Council’s strategic priorities adopted on December 20, 2023 include a priority to “Invest in Community Focused projects” and a key objective statement to “Continue implementation of the Town’s Housing Now! Initiative programs to deliver a mix of community housing opportunities (e.g., ‘missing middle’ and Parcel Phase 2)”; and WHEREAS, the Town Council has authorized funding for the implementation of several housing policy directives and programs, branded as the “Housing NOW!” initiative; and WHEREAS, implementation of Town housing programs includes the dedication of Town resources to provide a range of community housing that is available and affordable to those working in the community; and
WHEREAS, to effectively implement the Town’s Housing NOW! program, the Town has set aside resources to provide a range of community housing that is affordable to the community, including community housing opportunities for households earning between 80% - 200% of the area median income (AMI) (“missing middle households”); and WHEREAS, state and federal programs generally do not provide funding assistance to households that earn above 80% AMI, despite those households not being able to afford housing in the Town of Mammoth Lakes; and
WHEREAS, the Town has the opportunity to work in partnership with private property owners to further the availability of workforce housing by purchasing market-rate housing units that are then either: (a) re-sold as a deed restricted unit at a reduced affordable price; or (b) retained as rental workforce housing units; and
WHEREAS, consistent with the statement above, the Town purchased the residential unit located at 1629 Majestic Pines Drive, Unit 101 (“Property”) within the Bigwood condominium complex in December 2023, and now intends to sell the Property as a deed-restricted unit at a reduced affordable price to an income-qualified household; and WHEREAS, the purchase and sale of housing units by the Town requires the execution of required real estate documents and use of licensed real estate professionals to secure information necessary to implement the Town’s housing programs and initiatives to expand availability and affordability of community housing through the purchase of property, conversion of existing housing units, and the sale of housing units; and

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Resolution No. 24-__

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

Section 2. The Town Manager is authorized to negotiate and execute the sale of the Property.

The Town Manager is authorized to: (1) negotiate the sales price; (2) approve the use of Town funds restricted or allocated to assist with down-payment assistance to facilitate the sale of the Property to an income-qualified household; (3) secure an appropriate deed-restriction on the Property; (4) secure loans subordinate to the primary loan for down-payment assistance; and (5) take other actions required to secure the sale of the Property.

Section 3. The sale of the Property is hereby authorized.

Section 4. The purchase and sale of deed-restricted housing units is deemed to be “for the public benefit” for purposes of Government Code Section 37350.

Section 3. The purchase and sale of deed-restricted housing units meets the public purpose and policy of the Town Council to expand availability of community housing in the Town of Mammoth Lakes.

APPROVED AND ADOPTED THIS 20th day of March 2024.
___________________________________
BILL SAUSER, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

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Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the resolution authorizing the sale of the real property located at 449 Sierra Manor Road, Unit 12 in the Forest Meadows Condominium complex under the Town’s Housing NOW! BRIDGE Program
Council Meeting Date: 3/20/2024
Prepared by: Nolan Bobroff, Community and Economic Development Director Recommended Motion: Approve the resolution authorizing the sale of the real property located at 449 Sierra Manor Road, Unit 12 in the Forest Meadows Condominium complex under the Town’s Housing NOW! BRIDGE Program
Summary: Staff is recommending the Town Council authorize the sale of the following Townowned condominium unit:
449 Sierra Manor Road, Unit 12 (Forest Meadows complex): 2-bedroom + Loft, 2-bath, 1,231 square-foot unit
• Purchased (Dec-2023): $667,958 ($665,000 Purchase Price + $2,583 in closing costs) • Sales Price (proposed): $495,000 (150% AMI), plus closing costs • Estimated Subsidy: $173,000 (150% AMI)
The unit being sold was acquired in December 2023 with Bridge Program funding as a part of the Town’s Housing NOW! initiative. The goal of the Bridge Program is to increase the number of affordable ownership units within the Town through the purchase of existing market-rate homes that are then deed-restricted and sold to qualified households at a subsidized price. The program is intended to target ‘missing-middle’ households earning between 120% - 200% of the area median income (AMI) with an average subsidy of $150,000 per unit. The Town has set a goal of adding 12 units to the Town’s deed-restricted unit portfolio. This will be the seventh unit listed for sale as a part of the Bridge program. Together with the five units previously sold, the additional three units that will be listed for sale in the near future, and the subject unit, there will be a total of nine units added to the Town’s deed-restricted unit portfolio.

Eastern Sierra Community Housing (ESCH) will serve as the Town’s realtor on the sale of this unit under the Town/MLH contract. They will initially reach out to households on their homeownership waitlist to find an interested income-qualified household, and then, if necessary, list the unit on the MLS to find a qualified household. Individuals interested in purchasing a unit through the Bridge program should contact Eastern Sierra Community Housing (ESCH) at (760) 934-4740.

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RESOLUTION NO. 2024-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, AUTHORIZING THE

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

FOREST MEADOWS CONDOMINIUM COMPLEX
(APN: 035-173-012-000)
WHEREAS, the Town Council’s strategic priorities adopted on December 20, 2023 include a priority to “Invest in Community Focused projects” and a key objective statement to “Continue implementation of the Town’s Housing Now! Initiative programs to deliver a mix of community housing opportunities (e.g., ‘missing middle’ and Parcel Phase 2)”; and WHEREAS, the Town Council has authorized funding for the implementation of several housing policy directives and programs, branded as the “Housing Now!” initiative; and WHEREAS, implementation of Town housing programs includes the dedication of Town resources to provide a range of community housing that is available and affordable to those working in the community; and
WHEREAS, to effectively implement the Town’s Housing Now! program, the Town has set aside resources to provide a range of community housing that is affordable to the community, including community housing opportunities for households earning between 80% - 200% of the area median income (AMI) (“missing middle households”); and WHEREAS, state and federal programs generally do not provide funding assistance to households that earn above 80% AMI, despite those households not being able to afford housing in the Town of Mammoth Lakes; and
WHEREAS, the Town has the opportunity to work in partnership with private property owners to further the availability of workforce housing by purchasing market-rate housing units that are then either: (a) re-sold as a deed restricted unit at a reduced affordable price; or (b) retained as rental workforce housing units; and
WHEREAS, consistent with the statement above, the Town purchased the residential unit located at 449 Sierra Manor Road, Unit 12 (“Property”) within the Forest Meadows condominium complex in December 2023, and now intends to sell the Property as a deed-restricted unit at a reduced affordable price to an income-qualified household; and WHEREAS, the purchase and sale of housing units by the Town requires the execution of required real estate documents and use of licensed real estate professionals to secure information necessary to implement the Town’s housing programs and initiatives to expand availability and affordability of community housing through the purchase of property, conversion of existing housing units, and the sale of housing units; and

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Resolution No. 24-__

Page 2 of 2 ends

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

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

Section 2. The Town Manager is authorized to negotiate and execute the sale of the Property.

Section 3. The sale of the Property is hereby authorized.

Section 4. The purchase and sale of deed-restricted housing units is deemed to be “for the public benefit” for purposes of Government Code Section 37350.

Section 3. The purchase and sale of deed-restricted housing units meets the public purpose and policy of the Town Council to expand availability of community housing in the Town of Mammoth Lakes.

APPROVED AND ADOPTED THIS 20th day of March 2024.
___________________________________
BILL SAUSER, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

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TOWN COUNCIL STAFF REPORT
Title: Adopt Ordinance amending Chapter 3.12 and 5.40
Council Meeting Date: 3/20/2024
Prepared by: Rob Patterson, Town Manager
Recommended Motion: Staff is requesting the Town Council waive the reading and adopt the ordinance amending Municipal Code Chapter 3.12 – Transient Occupancy Tax and 5.40 Transient Rental of Residential Units.

BACKGROUND:

The STR Advisory Committee subcommittee one (Certified Properties) convened to review specific elements of Short-Term Rental (STR) administration. Town Staff have been working on the program for a year and the general outline included a framework that would correct deficiencies of the current STR management program; however, there were a number of areas where the subcommittee reviewed best practices and appropriate responses based on their knowledge of the industry. These elements included upgraded safety inspection and requirements, tiered penalty structure, and fee schedule. These recommendations, along with an implementation plan defining the timing of the updates, are provided for review.

ANALYSIS:

The re-write of these chapters mainly reflects a significant shift in the way the Town issues licenses for the operation of a short-term rental. The previous version focused mainly on the rental operator which is the Business Tax Certificate (BTC) holder for short term rentals. These operators were required to obtain a Transient Occupancy Tax (TOT) certificate that outlined the allowable stats for each unit. In this case, the BTC holder was the main contact for the rental activity while the property owner had the ultimate responsibility for the rental activity occurring within their unit.

For example, when tax is unpaid for a unit, the Town’s final recourse for enforcement activity is a lien on the property. The Town also did not have an owner of record on file or any contact information of the actual property owner. The Certified Properties (CP) program flips that level of responsibility, placing the CP certificate above that of the BTC holder. The owner of the property is required to register with the Town and pay an annual fee to obtain a CP certificate. Once the certificate is acquired, the owner may have their property advertised by any BTC holder or choose to obtain their own BTC as an owner operator.

In addition to the fundamental change in responsibility, adjustments were made to address challenges staff has encountered while administering STR activity and conducting enforcement work. The items addressed are as follows:

Safety
The goal of the safety elements is to provide enhanced security for guests, quality of life for the community, and improve visitor experience. Our current inspection program includes a review to confirm that safety devices are in place and functional, the unit is in good working order with no defects to structure or fixtures, and all fire mitigation elements are in place and no hazards identified. The full list of the current program is attached (Attachment A).

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Required Inspections
Currently some properties operating as STRs have never been inspected. They were grandfathered in during the initial push for registration in 2015. The proposal is to have every property certified for STR going through an inspection every 4 years. The 4-year mark is determined by the availability of inspectors, which are outside businesses, not Town employees. With a process of every 4 years, roughly 900 properties per year need to be inspected. In addition to an inspection every 4 years, if a property changes hands, it must go through an inspection before it can be certified for rental. The Town may also conduct interim inspections in response to complaints received. These inspections would be conducted by the Town’s code enforcement unit within the Building department.

Emergency Contact
The emergency contact would need to be either a business in Town providing 24-hour contract services, licensed as such within the Town of Mammoth Lakes, a property management company that provides those services, or an owner who lives within 60 minutes of Town. All information will be verified and published as part of the interactive map.

Interactive Map
The Town would develop an interactive map via link from the Town website of all Certified Properties in the Town of Mammoth Lakes. Each listing would include the name and phone number of the 24-hour emergency contact, manager name and telephone number, occupancy limit of the unit, and available parking spots (if applicable).

Cleaning Services
The cleaning services for each unit can be the owner, property management company, or a licensed business in the Town of Mammoth Lakes. The assigned service provider information will need to be shared with the Town, so that the Town is able to reach out directly with inquiries on the property or health and safety orders or declarations.

Review Occupancy Increase Requests
The Town will review all previously authorized “Increase in Occupancy” that have been issued by the Town’s previous process. The review will be based on tighter criteria than were used for the original approvals. Instead of all being approved unless there is a major concern, applicants would be required to make a case for why the increase is warranted over and above standards. These considerations would be based on unique elements of the property that make it atypical for standards. A simple request for additional occupancy would not be granted.

Educational Materials
Staff to develop a code of conduct document to be provided by each operator for all visitors to review. This is currently in development and may include other media such as videos or marketing pamphlets that may be shared during check in.

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Penalties
The goal of any disciplinary action is to encourage operators to remain within regulation with potential implications that are both appropriate and impactful enough to be effective. The recommendations from the subcommittee were broken into two levels of severity.

Operational Issues – Minor Violations
On occasion, complaints are received on the condition of a property or actions of an operator. The Town can also be made aware of such problems through our normal inspections or code enforcement activity. These minor violations are considered nuisance issues, and the operator should have the opportunity to resolve the issue before any further action is taken. However, in the event that insufficient action is taken, the practices should escalate the Town’s ability to get the problems fixed. Progressive process to address minor violations:

1. The operator is notified of the problems and will have 30 days to resolve the identified problems, to continue renting without penalty or suspension.

2. If the problems are not corrected in the initial 30 days, the operator will receive a fine, in accordance with the Town’s fine schedule for non-compliance.

3. If the problems are not corrected within 45 days of initial notice, the operator would have their license to rent suspended until the problems are resolved to the satisfaction of the Town.

4. Continued operation after suspension, including advertising for rentals, would revert to our enforcement processes that could result in fines of $5,000 per day.

Major Violations of Conduct
These violations are more egregious as they are obvious attempts to defraud the Town of revenue or could create unsafe conditions for patrons as well as the community. This willful intent demonstrates a clear understanding of the rules with a willful intent to disregard them. These violations automatically earn a suspension for a minimum of 90 days.

Examples:

1. During an audit, it is determined that an operator falsely reported income to minimize the amount of tax paid to the Town. During our audits, this occurs roughly 50% of the time and our current practice only requires them to pay penalties and interest on unreported activity. This practice will still require payment of penalties and interest on unreported revenue but would also require a 90-day suspension of activity. Any rental activity or advertisement for rental during the 90-day pause would result in normal enforcement activity up to $5,000 per day.

2. Remodel or construction without a required building permit. If an operator does work without the appropriate permit, they will have their certificate suspended for 90 days. Any

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rental activity or advertisement for rental during the 90-day pause would result in normal enforcement activity up to $5,000 per day.

3. Three strikes rule. If an operator continues to have minor violations, meaning the problem is resolved but it occurs again due to their practices, they will face a 3 month suspension on the third occurrence. This process would be property based, not owner based, meaning they are issues occurring only at that property. This is important in the event the operator has multiple properties.

4. As stated, there is an initial suspension earned on the first occurrence. In the event the operator has multiple violations, they will receive progressive discipline that could suspend their operations for 1 year.

Updated Fees per Certified Property
Town fees are regulated by Proposition 4 and Article XIIIB of the California Constitution which prevents a governmental entity from charging fees that exceed the costs reasonably borne by the entity in providing the product or service. The Town has a set of fees that are based on the cost of staff necessary to issue the license and certificates for any business. The recommendation is to expand the fee calculation to encompass the entire cost of staff necessary to administer the STR program. Staff has made the following assumptions in assigning the cost of the program to the certified properties engaged in STR activity. Assumptions of Cost:

1. Use total cost of salary and benefits for the Revenue team and Finance Director, minus one revenue specialist that is assigned to other Business Tax Certificate activity, and 60% of Finance Director to approximate other duties. The department cost, in net of adjustments noted above, is $400,000.

2. Use 20% of Code Enforcement, Public Safety for STR responses - $85,000.

3. Add 1 full-time staff member dedicated to Audit and Enforcement activities - $110,000.

4. Add 1 part-time staff member dedicated to Enforcement Activities - $30,000.

5. Estimated overhead cost of 30% of Staff costs, for facility and other Town costs. $185,000

6. Contract cost for Rentalscape for online monitoring of STR activities. – $90,000

7. Total cost of STR administration - $900,000

8. Total number of Certified Properties, based on current number with incremental growth. 3,600

9. Annual fee for each Certified Property - $250

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In order to address the changes outlined above, staff had to modify most sections of Municipal Code 3.12 and 5.40. Staff has concluded this work with final review from the Town Attorney.

Any update to the Municipal Code requires a three-step process to implementation:

1. The first reading. This is the first public presentation of the intended changes to the Municipal Code. Specific language can be reviewed, and feedback provided.

2. Second Reading – The second reading takes place at least 15 days after the first reading.

This is the final step of review and public comment prior to implementation.

3. 30 – Days waiting period – The new laws take effect 30 days after the second reading and become law governing all existing and new business.

A potential timeline for implementation could have the new Municipal Code updates take effect by April 22, 2024. Once these edits are in place, the Town Council may choose to lift the moratorium on the issuance of new STR certificates. Staff has prepared a separate agenda item to address the lifting of the moratorium that would run concurrently with the adoption of these Municipal Code updates, effective April 22, 2024.

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ORDINANCE NO. 24-

AN ORDINANCE OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
AMENDING MUNICIPAL CODE CHAPTERS 3.12 AND 5.40

REGARDING TRANSIENT OCCUPANCY TAX AND

TRANSIENT RENTAL OF RESIDENTIAL UNITS
WHEREAS, the Town Council has previously adopted Chapter 3.12 of the Mammoth Lakes Municipal Code, establishing a transient occupancy tax and providing for its collection; and
WHEREAS, the Town Council has previously adopted Chapter 5.40 of the Mammoth Lakes Municipal Code, establishing operating requirements for properties used as transient rentals; and
WHEREAS, the STR Advisory Committee and Town staff have identified a number of ways in which Chapters 3.12 and 5.40 can be improved, including the replacement of the existing transient occupancy tax certificate system with a “certified property” structure, providing for additional disclosures by operators of transient occupancy units, and providing owners of properties used as short-term rentals with greater flexibility in how they manage and operate those properties; and
WHEREAS, the amendments to Chapter 3.12 addressed in this ordinance do not increase or extend the Town’s transient occupancy tax, or expand the incidence of taxation, and thus do not require approval by Mammoth Lakes voters.

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 amending and restating Chapters 3.12 (Transient Occupancy Tax) and 5.40 (Transient Rentals of Residential Units) of the Municipal Code to read as set forth in Exhibits “A” and “B”, respectively, 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, provided that the amendments to Chapters 3.12 and 5.40 shall be effective as of 12:00 am on Monday, April 22, 2024.

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Ordinance No. 24-

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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 6th day of March, 2024, and PASSED, APPROVED, AND ADOPTED on the 20th day of March, 2024.
_________________________________
BILL SAUSER, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk

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Ordinance No. 24-

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EXHIBIT “A"
CHAPTER 3.12 – TRANSIENT OCCUPANCY TAX
Sections:

3.12.010 - Title.

The ordinance codified in this chapter shall be known as "the uniform transient occupancy tax ordinance of the Town of Mammoth Lakes."

3.12.020 - Definitions.

For the purposes of this chapter, the following words shall have the meanings set forth in this section:
“Allowable exemptions” means certain revenue that is exempt, as set forth in this chapter, from the imposition of transient occupancy tax for qualifying circumstances and requiring documentation. Qualifying circumstances include guest stays of 31 consecutive days or more, federal government employees on official business with a government issued credit card demonstrating TOT tax exempt eligibility, employees of federal instrumentalities, officers of a foreign government which is exempt by reason of express provision of federal or international law, employees of federal credit unions organized and operating under the Federal Credit Union Act, employees of insurance companies while performing insurance related business and those which pay the California State Gross Premiums tax annually pursuant to California Constitution Article XIII, Section 28, in lieu of all other taxes, State government employees on official business with documentation showing tax-exempt eligibility and all others designated by the Town.
“Certified Property” means a transient occupancy unit that is certified to conduct transient rentals by the Town of Mammoth Lakes.
“Collector” or “Tax collector" means the Finance Director or other person designated by the Town Manager or Town Council of the Town of Mammoth Lakes to administer this chapter and oversee the collection of transient occupancy taxes.
“Delinquency period” spans from the 21st day of any month through the 20th day of the following month, except when the 20th day falls on a Saturday, Sunday, or holiday in which case the delinquency period shall be after the next business day or as designated by the tax collector. "Employee" means any person who performs services for wages or salary under a contract of employment, express or implied, for an employer.

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Ordinance No. 24-

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“Gross rents” means the total amount of revenue received from all sources in connection with the operation of a transient occupancy unit during the period. "Enforcement charges" means all costs and expenses including, but not limited to, administrative costs and enforcement costs including the value of staff time, accounting fees, expert witness fees, attorney's fees, and court costs.
"Fraud" has the meanings contained in Sections 1709 and 1710 of the California Civil Code. “Local 24-hour emergency contact” means a business with a Town of Mammoth Lakes business tax certificate providing those specific services within their business model, or an operator living within sixty miles of the Town. Failure to maintain a business tax certificate as a local 24-hour emergency contact will eliminate the ability to qualify as a local 24-hour emergency contact. The local 24-hour emergency contact shall be personally available by telephone on a twenty-four-hour basis to respond to calls regarding the condition and/or operation of the unit.
“Mobile home” shall be construed as defined in Section 18008 of the Health and Safety Code of the State, and the provisions of this chapter shall apply only to such mobile homes as are outside of a mobile home park as defined in the Health and Safety Code, and further, the provisions of this chapter shall not apply to the renting of a mobile home when the occupant is the owner or operator of the mobile home or his employee. “Occupancy” means the use, possession, or the right to use or possession of any portion of any transient occupancy unit for overnight sleeping, lodging, dwelling, or similar purposes. “Operator” means the person who is a legal owner of the transient occupancy unit. “Operator” also means a person who has the legal right to possession of the premises occupied by transients. “Operator” also means any person who, through lease, mortgage, contract, license, or similar legal right obtains any right to receive or collect any money as rent for the occupancy of the transient occupancy unit by transients. “Operator” also means any manager, agent, representative, or other similar person acting on the authority of an owner of a transient occupancy unit or on the authority of any person who by reason of lease, mortgage, contract, license, or similar legal right to receive or collect rent for the occupancy of the transient occupancy unit by transients, which agent, manager, or representative has been authorized to

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Ordinance No. 24-

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receive or collect rent for the occupancy of the transient occupancy unit by transients.

Compliance with the provisions of this chapter by any operator of a transient unit shall be deemed to be in compliance by all operators of such transient occupancy unit. “Owner” means the legal registered owner or proprietor of the property or unit. “Person” means any person, or any group or combination of people acting in a business capacity and shall be considered to include, but not be limited to, the following: individual; firm; partnership, whether limited or general; corporation; real estate or business trust; syndicate; joint tenants; tenants in common; receiver or trustee; unincorporated association; joint venture; joint stock company.
“Rent” means the charge for the occupancy of any space in any transient occupancy unit and for all services rendered in connection therewith, including but not limited to cleaning services, in the form of money, goods, services or similar payment, including, but not limited to, all receipts, cash, credits, goods, property and services of any kind or nature, without any deduction whatsoever, provided that bona fide charges for food and beverages actually consumed, and any amounts paid by the transient occupant which are separately identified on the invoice, receipt, or statement of charges as representing a tourism business improvement district assessment, shall not be considered “rent.” The Town Council may, at any time, remove and/or repeal the exception for tourism business improvement district assessments. “Remittance period” spans from the 1st day of any month to the last day of the same month or as designated by the tax collector.
“Taxable gross rents” means the total amount of revenue passed through the renter and received from all sources during the remittance period subject to taxation. Taxable gross rents include but are not limited to nightly rent, cleaning fees, additional occupant fees, civic fees, pet fees, resort fees, early/late arrival or departure fees, no show fees, forfeited deposits, online rental platform reservation and booking fees charged to the operator and passed on to the renter. “Transfer” means the act by virtue of which title to a property is conveyed from one person, business structure, partnership, corporation, non-profit, trust or other entity in the form of sale, money transfer, lease, license, lien, gift, or any other way of disposing of a property or asset. “Transient” means any person who exercises, or is entitled to exercise, occupancy, whether by agreement (oral or written), concession, permit, right of access, license, contract, payment of rent or similar entitlement, for a period of thirty (30) consecutive calendar days or less, counting

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portions of calendar days as full days. Any person so occupying space in a transient occupancy unit shall be deemed to be a transient until the period of thirty (30) days has expired, unless there is a lease agreement or month-to-month rental agreement in writing between the operator and the transient, providing for a period of occupancy in excess of thirty (30) days. In determining whether a person is a transient, uninterrupted periods of time extending both prior to and subsequent to the effective date of this chapter and any amendments hereto, may be considered by the tax collector.
“Transient occupancy unit” means any place, space or structure, or portion of any place, space or structure, which is or may be occupied, or intended or designed for occupancy by transients for purposes of sleeping, lodging or similar use in conformance with the Town’s zoning regulations, and shall include, but not be limited to the following: hotel, hotel-motel, lodge; inn; dude ranch; apartment; apartment unit; condominium; condominium unit; triplex; duplex; single-family residence; cooperative; mobile home; motor home, trailer, dormitory; rooming house; camping site; space where camping or remaining overnight is permitted at a campground, recreational vehicle park; or other similar structure, facility or space. “Transient occupancy unit” shall not include any of the following: any hospital, sanitarium, medical clinic, convalescent home, rest home, owner-occupied time share estate, owner-occupied time share use, home for aged people, foster home or other similar facility operated for the care or treatment of human beings; any asylum, jail, prison, orphanage or other unit or facility in which human beings are detained or housed under legal restraint; housing owned or controlled by any educational institution and used exclusively by students and employees of such educational institutions, and officially recognized or approved by it; any housing operated or used exclusively for religious, charitable or educational purposes by an organization having qualified for exemption from property taxes under the laws of the state of California; any housing owned by a governmental agency and used to house its employees or for governmental purposes; any camp as defined in the Labor Code or other housing furnished by any employer exclusively for housing that employer’s employees.
“Transient rental” Occupation of a transient occupancy unit for a period of 30 days or less. “Visitor expectation guide” means a guide that is published by the Town on an annual basis and adopted by resolution of the Town Council. The current version of the transient visitor expectation guide must be posted in the transient occupancy unit in a visible location.

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3.12.030 – Operators—Duties.

Operators shall:

A. Assist the Town Police Department with respect to law enforcement problems that might arise in conjunction with the occupancy of the operator’s transient occupancy unit.

B. Allow inspection of the premises at any time by inspectors of the Town and by inspectors of the Mammoth Lakes Fire Protection District as provided by law to determine the compliance of the premises with the codes and ordinances of the Town and the codes and ordinances of the Mammoth Lakes Fire Protection District.

C. Take all reasonable and necessary action to ensure that transients occupying that operator’s transient occupancy unit do not interfere with employees of the Town in carrying out their duties.

D. Ensure that there is adequate parking space(s) available for transients occupying the transient occupancy unit for the maximum number of allowable vehicles as certified by the Town and pursuant to the requirements of this Code. If the transient occupancy unit books rooms with persons who utilize tour bus(es), the operator of the unit shall be required to furnish, or make suitable arrangements for furnishing, adequate parking for the tour bus(es) utilizing either onsite or offsite facilities at locations where tour bus parking is permitted.

E. Maintain a set of books and records, which shall contain all of the information necessary for the computation of any tax due pursuant to this chapter, notify the Tax Collector of the location of such books and records, and permit inspection of such books and records during normal working hours. Upon ten (10) calendar days’ written request by the Tax Collector, such records shall be available at operator’s expense, in the Town, during normal working hours.

F. Accept service of process for the operator’s alleged violation of this chapter.

G. Not operate any transient occupancy unit in violation of any provision of this chapter.

H. Post faithful performance or similar bonds in such amount as may be required by the Tax Collector.

I. Operators shall maintain accurate personal contact information on file with the Town at all times.

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3.12.040 – Tax imposed.

For the privilege of occupancy of any transient occupancy unit, each transient is subject to and shall pay a tax in the amount of thirteen percent (13%) of the taxable gross rents charged by the operator. The tax constitutes a debt owed by the transient to the Town which is extinguished only by payment to the operator or to the Tax Collector. The transient shall pay the tax to the operator of the transient occupancy unit at the time the rent is paid. If the taxable amount is paid in installments, the unpaid tax shall be paid to the operator at the rate of thirteen percent (13%).

If for any reason the tax due is not paid to the operator of the transient occupancy unit, the Tax Collector may require that such tax be paid by the transient to the Tax Collector.

3.12.050 – Operator’s duties to collect tax.

A. Each operator shall collect, and hold in trust for the Town, the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a transient occupancy unit shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner provided in this chapter.

B. Each operator shall have a local 24-hour emergency contact who is available at all times to respond to questions and issues arising out of the transient occupancy. Failure to respond to calls in a timely and appropriate manner on two (2) occasions shall result in revocation of the Certified Property authorization for the transient occupancy unit and the eligibility as a 24- hour emergency contact. For purposes of this chapter, responding in a timely and appropriate manner shall mean that a response to an initial call shall be made within one (1) hour of the time the call was made, and within twenty-four (24) hours of the initial call, corrective action shall be commenced to address any violation of this Chapter and/or Chapter 5.40. Upon request from the Town, an operator shall furnish the names of each vendor or contractor supplying services to a Certified Property.

C. Each operator shall identify to the Town the cleaning service for each Certified Property and update the contact information of the cleaning service as necessary. A cleaning service

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shall be a Town of Mammoth Lakes business tax certificate holder pursuant to Chapter 5.04 of this Code.

D. On request from the Town, an operator shall furnish the names of each vendor or contractor supplying services to a Certified Property.

3.12.060 - Posting requirements.

Each transient occupancy unit shall have a notice posted within the unit in a location clearly marked and accessible to the transient (e.g. posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing all of the following information:

1. The maximum number of occupants permitted to stay overnight in the unit.

2. The maximum number of vehicles associated with the transient rental allowed to be parked on the property.

3. The location of on-site parking spaces and the parking rules for seasonal snow removal.

4. Notification that an occupant, as a person responsible for an unlawful large party, may be cited and fined for creating a disturbance or for violating other provisions of Chapter 5.40.

5. Notification that trash and refuse shall not be left or stored on the property unless it is deposited in bear resistant containers intended for pickup by the Town's solid waste contractor. Alternatively, trash may be deposited within a dumpster serving the property or at the transfer station for a fee. Trash information should include specific instructions on opening and securing the animal resistant dumpsters.

6. Notification that failure to conform to the parking and occupancy requirements for the transient occupancy unit is a violation of the Town's Municipal Code.

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7. The name of the managing agency or agent and a telephone number at which that party may be reached on a twenty-four (24) hour basis.

8. The name and phone number of the cleaning service provider for the certified property.

9. Physical street address of the unit and emergency contact information consisting of 911 and non-emergency contact information for the Mammoth Lakes Fire Protection District and Mammoth Lakes Police Department.

10. Evacuation plan for the unit showing exit routes, exits, and fire extinguisher locations. Evacuation plans may be hand-drawn and do not need to be drawn to scale but should clearly show occupants how to exit the premises in the case of an emergency.

11. The current version of the visitor expectation guide that is published by the Town on an annual basis as adopted by resolution of the Town Council.

3.12.070 - Registration.

Each transient occupancy unit shall be registered with the Tax Collector prior to commencing business. It shall be unlawful to conduct transient rentals without: (i) having first procured a Certified Property authorization; (ii) paying the tax prescribed in this title; and (iii) complying with any and all applicable provisions of this Chapter and/or Chapter 5.40. Upon proper application and payment, the Tax Collector shall issue a Certified Property authorization to the operator, in accordance with the provisions of this Chapter. The fees for a Certified Property authorization shall be established by resolution of the Town Council.

3.12.080 - Unauthorized operation of a transient occupancy unit.

A. Any operator who fails to obtain a Certified Property authorization for a transient occupancy unit shall be in violation of this Chapter and shall be subject to all of the provisions of Chapter 3.12, in addition to being subject to all other remedies provided by

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law. It shall be a separate violation of this Chapter for failure to obtain a Certified Property authorization for each day the operator is required to hold such authorization.

B. In addition to the foregoing, each person, business entity or other entity operating a transient occupancy unit shall be subject to taxation and be liable to the Town for taxes, penalties, interest, and enforcement charges, imposed by this Chapter. Such taxes, penalties, interest, and enforcement charges may be collected by the Town as otherwise provided in this Chapter.

C. When any operator or other person shall by use of any promotional media—including but not limited to print, audio, visual or electronic media including web sites, 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 a transient occupancy unit these facts shall be considered prima facie evidence that such person is acting as an operator.

3.12.090 - Reporting and remitting.

A. Operators shall make their return and remittance on or before the 20th day of the month following each and every month, or at the close of any alternate remittance period which may be established by the Tax Collector. If: (i) the 20th day of the month following a particular month; or (ii) the deadline established at the close of any alternate remittance period which may be established by the tax collector, is a Saturday, Sunday, federal or Town holiday, the return and remittance will be considered timely if received the next working day.

B. At the time the return is filed, the full amount of the tax collected shall be paid to the Tax Collector. The Tax Collector shall establish an alternate remittance period for an operator if he /she deems it necessary in order to ensure collection of the tax or due to previous noncompliance with this Chapter by the operator, and the Tax Collector may require further information in the return. Returns and payments are due within fifteen (15) days upon cessation of business for any reason. All taxes collected by operators pursuant to this Chapter shall be held in trust for the account of the Town until payment thereof is made to the Tax Collector. The Tax Collector may, in his/her discretion, require that a separate trust

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account be established at a financial institution of his/her choice, the balance of which shall be payable to the Town, if he / she deems it necessary in order to insure remittance of the tax.

C. Each return filed pursuant to this Chapter shall include the following information, as well as such other information as the Tax Collector may deem reasonably necessary for the enforcement of this Chapter:

1. The number of nights each Certified Property was available for rent during the remittance period.

2. The number of nights of paid occupancy for each Certified Property during the remittance period.

3.. The number of unpaid nights each Certified Property was occupied during the remittance period.

4. The gross rents for each Certified Property, allowable exemptions, taxable gross rents and the amount of the tax, penalties, and interest that is due and payable during the remittance period.

5. And other statistical breakdowns as requested by the Tax Collector on the monthly return form.

D. The full amount of the rent shall be reported for the Certified Property on the monthly return based on the departure date of the transient.

3.12.100 - Original delinquency.

Any operator who fails to pay any tax or file any return imposed by this Chapter within the time required shall pay, in addition to such tax and any interest such tax may accrue, an original delinquency penalty of ten dollars ($10) or fifteen percent (15%) of the amount of the tax, whichever dollar amount is greater. Every penalty imposed, and such interest as accrues under the provisions of this Chapter, shall become part of the tax required to be paid. Interest shall accrue on all unpaid taxes until paid.

3.12.110 - Continued delinquency.

A. Any operator who fails to pay any delinquent tax, penalties, and interest during the original delinquency period, shall pay an additional delinquency penalty, over and above that provided

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in Section 3.12.100, of ten dollars ($10) or fifteen percent (15%) of the amount of the tax, penalties and interest then due, whichever is greater.

B. The tax collector shall give written notice to any operator who fails to report or remit tax, penalties, and interest for two delinquency periods. The notice shall include the intention to revoke the business tax certificate and/or Certified Property authorization after fifteen (15) days from the date on the notice should the returns due not be filed and/or the taxes, penalties, and interest then due not be paid. Written notice shall be deemed given when a copy of the same is enclosed in a sealed envelope with postage thereon fully prepaid and certified in the United States mail and addressed to that address given by the operator in the application for the business tax certificate and/or Certified Property. The business tax certificate and/or Certified Property authorization shall be revoked upon lapse of the fifteen (15) days provided in the notice, if all taxes, penalties, and interest are not paid in full within the fifteen (15) day period.

3.12.120 - Adjustment of penalty and interest.

Notwithstanding Sections 3.12.100 and 3.12.110, if the Tax Collector determines that any of the requirements established by the Town for notifying an operator of a transient occupancy unit is delinquent in remitting a return and paying tax as required by this Chapter have not been met, the Tax Collector may reduce the penalty and interest due on an account to only one month of penalties and interest.

3.12.130 - Fraud.

A. If the tax collector determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five (25) percent of the amount of the tax shall be added thereto in addition to all other penalties provided in this Chapter.

B. In addition to the penalty established in the preceding sentence, if an operator without a business tax certificate is found to have committed a violation of nonpayment of any remittance due under this Chapter for a second or subsequent instance the operator will be deemed to have committed fraud and is subject to an additional penalty of twenty-five (25%) percent of the amount of the tax due for each case.

C. An operator who collects taxes and fails to remit shall be deemed to have committed fraud.

3.12.140 - Interest.

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In addition to the penalties imposed by this Chapter, any operator who fails to remit any tax imposed by this Chapter shall pay interest at the rate of one and one-half percent (1.5%) per month or fraction thereof on the amount of the tax, inclusive of penalties, from the date on which the remittance first become delinquent, until paid.

3.12.150 - Collection and report failure—Tax collector determination.

If any operator fails or refuses to collect the tax imposed by this Chapter and to make, within the time provided in this Chapter, any report and remittance of the tax or any portion thereof required by this Chapter, the Tax Collector shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due, or by estimation if no records are available. As soon as the Tax Collector procures such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this Chapter and payable by an operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest, penalties, and enforcement charges provided for by this Chapter. In case such determination is made, the Tax Collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, first class postage prepaid and certified, addressed to the operator so assessed at his/her last known address. Such operator may within fifteen (15) days after the serving or mailing of such notice make application in writing to the Tax Collector for a hearing on the amount assessed. If application by the operator for hearing is not made within the time prescribed, the tax, interest, penalties, and enforcement charges, if any, determined by the Tax Collector, shall become final, conclusive, and immediately due and payable. If such application is made, the Tax Collector shall give not less than five (5) days' written notice in the manner prescribed in this Chapter to the operator to show cause at the time and place fixed in the notice why the amount specified therein should not be fixed at such tax, interest, penalties, and enforcement charges. At such hearing, the operator may appear and offer clear and convincing evidence why such specified tax, interest, penalties, and enforcement charges should not be so fixed. After such hearing the Tax Collector shall determine the proper amount to be remitted and shall thereafter give written notice to the person in the manner prescribed in this Chapter of such determination and the amount of such tax, interest, penalties, and enforcement charges, including enforcement charges related to the hearing. The amount determined to be due

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shall be payable within fifteen (15) days unless an appeal is taken as provided in Section

3.12.160. On good cause, the Certified Property authorization may be suspended by the Tax Collector pending the hearing as herein appeal thereof. An operator who fails to secure a Certified Property authorization for the transient occupancy unit prior to conducting transient rentals or soliciting for transient rentals through any promotional media shall be subject to enforcement charges regardless of whether tax, penalties, or interest are found to be due.

3.12.160 - Appeal.

A. Any operator aggrieved by any decision of the Tax Collector with respect to the amount of such tax, interest, penalties, enforcement charges or suspension, if any, may appeal to the Town Council by filing a notice of appeal with the Town Clerk within fifteen days of the serving or mailing of the determination of tax due; provided, that he has completed all administrative procedures and sought all administrative remedies in Section 3.12.150 including appearance in person or through legal counsel at all administrative hearings. The Town Council shall fix a time and place for hearing such appeal, and the Town Clerk shall give notice in writing and/or via electronic mail to such operator at his last known place of address. The findings of the Town Council shall be final and conclusive and shall be served upon the appellate in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.

B. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the Town or an officer thereof, to prevent or enjoin the collection of taxes sought to be collected pursuant to this Chapter and payment of all tax, interest, and penalties shall be required as a condition precedent to seeking judicial review of any tax liability.

3.12.170 - Records required.

It shall be the duty of every operator to keep and preserve, for a period of three (3) years all records as may be necessary to determine the amount of such tax, interest, penalties, and enforcement charges, as may have been due to the Town, which records the Tax Collector, or

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his agent shall have the right to inspect at all reasonable times. All tax returns and information furnished by any operator pursuant to this Chapter shall be confidential and shall not be open to the public inspection nor the specific contents thereof disclosed by any officer or employee except as necessary in the performance of official duty pursuant to this Chapter, or in the course of proceedings, hearing or litigation involving the existence or amount of tax, interest, penalties or enforcement charges, or with the written consent of the operator or his authorized representative.

3.12.180 – Revocation of business tax certificate or Certified Property authorization.

If the tax collector determines that any operator has fraudulently misrepresented the financial condition determining the amount of revenue collected or tax owed by providing false or misleading information, the operator shall be subject to an administrative fine of one thousand dollars and revocation of the associated business tax certificate and all Certified Property authorizations. No new business tax certificates or Certified Property authorizations shall be issued to the operator or for the transient occupancy unit for a period of three months for the first violation, six months for the second violation, and twelve months following all subsequent violations.

3.12.190 – Refunds - Authorized when.

Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Town under this Chapter, it may be refunded as provided in Sections 3.12.200 and 3.12.210, provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax Collector within three (3) years of the date of payment. Persons claiming refunds shall provide all information required by the Tax Collector to determine the validity of refunds claimed. No refund shall be paid unless the claim has been reviewed and the entitlement to the refund determined to be valid by the Tax Collector. The Tax Collector shall not refund any tax, interest or penalties if said tax, interest or penalties have previously been determined as final by the Town Council.

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3.12.200 - Refunds—Credit against taxes.

Any operator may claim or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Collector that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator.

3.12.210 - Refunds—Repayment to transient.

A transient may obtain a refund of tax, penalty or interest overpaid or paid more than once or erroneously or illegally collected or received by the Town by filing a claim in the manner provided in Section 3.12.190, but only when the tax was paid by the transient directly to the Tax Collector, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the Tax Collector that the transient has been unable to obtain a refund from the operator who collected and remitted the tax.

3.12.220 - Refunds—Records required.

No refund shall be paid under the provisions of Sections 3.12.190 through 3.12.210 unless the claimant establishes his right thereto by written records showing entitlement thereto by clear and convincing evidence.

3.12.230 - Tax responsibility.

Any tax required to be paid by any transient under the provisions of this Chapter shall be deemed a debt owed by the transient to the Town. Any such tax collected by an operator which has not been paid to the Town shall be deemed a debt owed by the operator to the Town. Any person owing money to the Town under the provisions of this Chapter shall be liable to an action brought in the name of the Town for the recovery of such amount, including interest, penalties, and enforcement charges. Property owners, including those represented by an operator other than

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the owner, shall be liable for any and all unpaid taxes, penalties, interest, and enforcement charges and subject to all enforcement actions pursuant to this Chapter.

3.12.240 - Current business tax certificate required.

All Certified Properties applicants shall identify the business tax certificate by which the reporting required in 3.12.090 will be submitted to the Town and shall report gross receipts on a monthly basis, even when the gross receipts total is zero. Remittance of taxes, penalties, and interest can be completed under one monthly return as long as all rents, allowable exemptions, and statistical data for each Certified Property authorization are included. The Town shall revoke the Certified Property authorization for any transient occupancy unit without a business tax certificate after thirty days.

3.12.250 - Delinquency—Certificate required.

If any tax, interest, or penalty imposed under this Chapter is not paid by the 20th day of the month succeeding the delinquency date, the Tax Collector may file no sooner than ten (10) days after the mailing of the notice required in subsection B of this section, in the office of the County Clerk, without fee, a certificate specifying as follows:

A. The fact that a notice of intent to file the certificate had been sent, by certified mail, to the operator, at his/her last known address, not less than ten (10) days prior to the date of the certificate.

B. The fact that the notice required in subsection A of this section set forth the following information:

1. The name of the property owner

2. The fact that judgment will be sought in the amount of the tax, penalty, interest, and enforcement charges that will remain unpaid at the time of the filing of the certificate;

3. The fact that, upon the issuance and recordation of such judgment, additional penalties and interest will continue to accrue at the rate prescribed by law, and that any bond premium posted or other costs to enforce the judgment shall be an added charge; and

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4. The fact that a recording fee of five (5) dollars per page will be required to be paid for the purpose of the recordation of any release of the judgment lien.

C. The amount for which judgment is to be entered.

D. The fact that there has been compliance with all provisions of this Chapter in the computation and the levy of the tax, penalty, interest, and enforcement charges.

E. The fact that a request is therein made for the issuance and entry of judgment against the transient occupancy tax registration certificate holder.

3.12.260- Certificate filing—Entry of judgment.

The County Clerk, immediately upon the filing of the certificate, shall enter a judgment for the Town against the property owner in the amount of the tax, penalty, interest, and enforcement charges set forth in the certificate. The County Clerk may file the judgment in a looseleaf book entitled "Town of Mammoth Lakes Transient Occupancy Tax Judgments."

3.12.270 - Lien on property.

An abstract or a copy of the judgment shall be recorded, without fee, in the office of the County Recorder. From the time of the recording, the amount of the tax, penalty, interest, and enforcement charges set forth constitutes a lien upon all property of the owner, owned by him/her or afterward acquired by him/her, and before the lien expires. The lien has the force, effect, and priority of a judgment lien and continues for ten (10) years from the date of the recording unless sooner released or otherwise discharged.

3.12.280 - Penalty—Additional.

In addition to any penalty or fee imposed pursuant to this Chapter a penalty equal to the amount of any bond premium posted or other costs incurred to enforce the judgment entered pursuant to this Chapter shall be imposed.

3.12.290 - Execution upon judgment.

Execution shall issue upon the judgment upon request of the Tax Collector in the same manner as execution may issue upon other judgments, and sales shall be held under such execution as prescribed in the Code of Civil Procedure.

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3.12.300 - Satisfaction of judgment—Removal of lien.

A. The judgment is satisfied, and the lien removed when, but not before, the certificate of release or discharge from the judgment lien is recorded in the office of the County Recorder. In addition to the judgment amount, and any additional penalty or interest accruing on the judgment, the Tax Collector shall collect the recording fee of five (5) dollars per page for the recording of the lien release or discharge document and transmit it to the County Recorder together with the documents for release or discharge.

B. The judgment is also satisfied, and the lien removed when, but not before, the tax is legally canceled and a release or discharge from the judgment lien is recorded in the office of the County Recorder. A recording under this subdivision shall be made without fee.

3.12.310 - Violation—Penalty.

A. Any person, including any transient, who violates any of the provisions of this Chapter shall be guilty of an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person, and may be punished accordingly. The foregoing notwithstanding, in the discretion of the District Attorney or the Town Attorney, upon a showing of gravity of offense, any violation of any provision of this Chapter may be prosecuted as a misdemeanor.

B. Other than delinquent tax remittal addressed in Sections 3.12.090 through 3.12.110, any person, including any transient, who violates any provision of this chapter may be subject to administrative fines as set forth in Chapter 8.32, provided that such violations shall be subject to a fine not exceeding one thousand five hundred dollars ($1,500) for a first violation, a fine not exceeding three thousand dollars ($3,000) for a second violation of this Chapter or Chapter

5.40 within one year, and a fine not exceeding five thousand dollars ($5,000) for each additional violation of this Chapter or Chapter 5.40 within one year of the first violation. Any violation of any provision of this Chapter which occurs on more than one day shall constitute a separate violation for each day or portion thereof during which such violation occurs.

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C. Notwithstanding subsection B of this section, the $1,500, $3,000, and $5,000 fines set forth therein shall not apply to: (i) a first time offense of failing to obtain a Certified Property authorization or business tax certificate or pay a fee for either of those; or (ii) violations committed in connection with the transient rental of a commercially operated hotel, motel, bed and breakfast inn, time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code, lodge, inn, camping site, space where camping or remaining overnight on a transient basis is permitted at a campground or recreational vehicle park, or the rental of anything that is not a “transient occupancy unit” as defined in Section 3.12.020.

D. Town staff shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

E. 1. Notwithstanding subsection A of this section, any operator or other person who fails or refuses to register as required in this Chapter, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the Tax Collector, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor.

2. Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due as required by this Chapter to be made is guilty of a misdemeanor.

F. Any transient occupancy unit operated without a Certified Property authorization or without collecting and paying transient occupancy taxes to the Town as required in this Chapter is a public nuisance and may be abated as provided for in Chapter 8.20.

3.12.320 - Registration records.

At or prior to the time of registration, an operator shall maintain a record of the name and address of the transient occupant to whom every transient occupancy unit is let, together with a record of the number of persons who are allowed to occupy the transient occupancy unit. The operator shall retain such records for a period of three (3) years.

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3.12.300 - Transfer of ownership - Tax clearance certificate.

A. Pursuant to Revenue and Taxation Code Section 7283.5, and as that section may from time to time be amended, a purchaser, transferee, or other person attempting to obtain ownership of a transient occupancy unit, may request in writing from the Tax Collector the issuance of a tax clearance certificate stating the amount of tax and any accrued penalties and interest due and owing, if any.

B. The Tax Collector shall, within ninety (90) days of the receipt of the written request for a tax clearance certificate, issue the tax clearance certificate, or may conduct an audit of the subject transient occupancy unit. Any such audit must be completed within ninety (90) days after the date the records of the subject transient occupancy unit have been made available to the Tax Collector and a tax clearance certificate issued within thirty (30) days of the completion of the audit.

C. If following an audit, the Tax Collector determines that the current operator's records are insufficient to assess the amount of tax due and owing, the Tax Collector shall, within thirty (30) days of making that determination, notify the prospective purchaser, transferee, or other person that a tax clearance certificate will not be issued.

D. If the Tax Collector does not comply with his/her obligations under this section, the purchaser, transferee, or other person that obtains ownership of the transient occupancy unit shall not be liable for any transient occupancy tax obligation incurred prior to the date of the purchase or transfer of the property.

E. The tax clearance certificate shall state the following:

1. The amount of tax, interest, and penalties then due and owing;

2. The period of time for which the tax clearance certificate is valid; and

3. That the purchaser, transferee, or other person may rely upon the tax clearance certificate as conclusive evidence of the tax liability associated with the property as of the date specified on the certificate.

F. Any purchaser, transferee, or other person who: (i) does not obtain a tax clearance certificate under this section, or (ii) who obtains a tax clearance certificate that indicates that tax is due and owing and fails to withhold, for the benefit of the Town, sufficient funds in

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the escrow account for the purchase of the property to satisfy the transient tax liability, shall be held liable for the amount of tax due and owing.

3.12.340 - "Stacking."
It is a violation of this Chapter for any person to knowingly aid or engage in the practice commonly known in the lodging industry as "stacking." "Stacking" occurs when a transient occupant who is the registered occupant of a transient occupancy unit, allows other persons to share occupancy of that unit for any night for which those persons are not registered, with intent to defraud the operator of a transient occupancy unit.
"Stacking" fraudulently deprives the Town of tax revenue to which the Town is entitled.

Any transient who allows stacking to take place in the unit for which that person is registered, and any transient who occupies a unit knowing that his/her occupancy has not been paid for, shall be in violation of this Chapter. Any such violation shall be prosecuted as a misdemeanor, or, in the discretion of the prosecuting attorney, may be prosecuted as an infraction.

3.12.350 - Disclosure of ordinance upon sale of property.

Pursuant to Section 1102.6(a) of the California Civil Code, sellers of residential property shall disclose to purchasers of such property the provisions of Chapters [ordinances] 3.12 and 5.40 and shall further disclose to purchasers the residential zones in which transient occupancy is permitted and the zones in which it is prohibited. This disclosure obligation shall be satisfied by providing to each purchaser a "Local Option Real Estate Transfer Disclosure Statement" specified by the Town.

3.12.360 - Violations.

A. A violation of any provision of this Chapter, and/or operating a transient rental unit without the remittance of transient occupancy tax is subject to the general penalty provisions and/or the administrative citation provisions set forth in Chapter 1.12 and Chapter 8.32 of the Municipal Code, respectively, and any other civil or administrative remedy allowed by law.

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B. A person committing a second or subsequent violation of any provision of this Chapter, and/or the renting of a transient occupancy unit without the remittance of transient occupancy tax shall be subject to a minimum enforcement charge of twenty-five hundred dollars.

C. Notwithstanding Chapter 1.12, the administrative fine for violation of any provision of this Chapter, the operation of any transient occupancy unit or advertising for transient rentals, without a valid business tax certificate, Certified Property authorization by the Town or the operation of any transient occupancy unit in violation of applicable zoning requirements of the Town shall be one thousand five hundred dollars per day for the first violation, three thousand dollars per day for a second violation, and five thousand dollars for every subsequent violation.

D. The Town may revoke the business tax certificate or Certified Property authorization upon non-compliance by an operator of the requirements for registration and operation of transient occupancy units. No new business tax certificates or Certified Property authorizations shall be issued for a period of three months for the first violation, six months for the second violation, and twelve months following all subsequent violations.

3.12.370 No property rights conferred.

Certified property authorizations shall not be construed as providing property rights or vested interests and entitlements in continued operation of a transient occupancy unit. Certified Property authorizations are a revocable status which expires annually. Certified Property authorizations shall not run with the land.

EXHIBIT “B"
CHAPTER 5.40 – TRANSIENT RENTALS OF RESIDENTIAL UNITS
Sections:

5.40.010 - Purpose of chapter.

This Chapter is intended to provide a procedure to ensure that transient rental use does not create adverse impacts to neighboring properties due to excessive traffic, noise, trash, and

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similar issues. Additionally, this Chapter is intended to ensure that the number of occupants within such rental units does not exceed the design capacity of the structure or cause health and safety concerns, and that minimum health and safety standards are maintained in such units to protect the visitor from unsafe or unsanitary conditions. This is consistent with the General Plan Vision Statement that the Town of Mammoth Lakes is committed to providing the very highest quality of life for our residents and the highest quality of experience for our visitors.

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 Certified Property authorization pursuant to Municipal Code Chapters 5.04 and 3.12. The business tax certificate and Certified Property authorization shall be maintained at all times. Transient uses shall comply with all applicable Codes including the California Building Code, the California Residential Code, and local amendments.

5.40.030 - Definitions.

For the purposes of this section, the following terms shall be defined as follows:
“Certified Property” means a transient occupancy unit that is authorized to conduct transient rentals by the Town of Mammoth Lakes.
“Local 24-hour emergency contact” means a business with a Town of Mammoth Lakes business tax certificate providing those specific services as the business model, or an operator living within sixty miles of the Town. Failure to maintain a business tax certificate as a local 24-hour emergency contact will eliminate the ability to qualify as a local 24-hour emergency contact. The local 24-hour emergency contact shall be personally available by telephone on a twenty-four-hour basis to respond to calls regarding the condition and/or operation of the unit. "Operator" means the person who is a legal owner of the transient occupancy unit. "Operator" also means a person who has the legal right to possession of the premises occupied by transients. "Operator" also means any person who, through lease, mortgage, contract, license, or similar legal right obtains any right to receive or collect any money as rent for the occupancy

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of the transient occupancy unit by transients. "Operator" also means any manager, agent, representative or other similar person acting on the authority of an owner of a transient occupancy unit or on the authority of any person who by reason of lease, mortgage, contract, license or similar legal right to receive or collect rent for the occupancy of the transient occupancy unit by transients, which agent, manager or representative has been authorized to receive or collect rent for the occupancy of the transient occupancy unit by transients. “Transfer” means the act by virtue of which title of a property is conveyed from one person, business structure, partnership, corporation, non-profit, trust or other entity in the form of sale, money transfer, lease, license, lien, gift, or any other way of disposing of a property or asset. “Transient rental” Occupation of a transient occupancy unit for a period of 30 days or less. "Transient occupancy unit" means any place, space or structure, or portion of any place, space or structure, which is or may be occupied, or intended or designed for occupancy by transients for purposes of sleeping, lodging or similar use in conformance with the Town's zoning regulations, and shall include, but not be limited to the following: hotel, hotel-motel, lodge; inn; dude ranch; apartment; apartment unit; condominium; condominium unit; triplex; duplex; single-family residence; cooperative; mobile home; motor home, trailer, dormitory; rooming house; camping site; space where camping or remaining overnight is permitted at a campground, recreational vehicle park; or other similar structure, facility or space. "Transient occupancy unit" shall not include any of the following: any hospital, sanitarium, medical clinic, convalescent home, rest home, owner-occupied time share estate, owner-occupied time share use, home for aged people, foster home or other similar facility operated for the care or treatment of human beings; any asylum, jail, prison, orphanage or other unit or facility in which human beings are detained or housed under legal restraint; housing owned or controlled by any educational institution and used exclusively by students and employees of such educational institutions, and officially recognized or approved by it; any housing operated or used exclusively for religious, charitable or educational purposes by an organization having qualified for exemption from property taxes under the laws of the state of California; any housing owned by a governmental agency and used to house its employees or for governmental purposes; any camp as defined in the Labor Code or other housing furnished by any employer exclusively for housing that employer's employees.

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"Residential property" means any single- or multiple-family dwelling units, duplexes, guesthouses, caretaker units, or other dwelling unit or structure located on one (1) or more contiguous lots of record in any of the Zoning Districts in Title 17 which allow residential uses. This does not include condominiums that function as hotels (i.e. condo hotels). “Visitor expectation guide” means a guide that is published by the Town on an annual basis and adopted by resolution of the Town Council.

5.40.040 - Notification Requirements.

A. Interior Notice. Each transient rental unit shall have a notice posted within the unit in a location clearly marked and accessible to the tenant (e.g. posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing all of the following information:

1. The maximum number of occupants permitted to stay overnight in the unit.

2. The maximum number of vehicles associated with the transient rental allowed to be parked on the property.

3. The location of on-site parking spaces and the parking rules for seasonal snow removal.

4. Notification that an occupant, as a person responsible for an unlawful large party, may be cited and fined for creating a disturbance or for violating other provisions of this Chapter.

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6. Notification that failure to conform to the parking and occupancy requirements for the transient occupancy unit is a violation of the Town's Municipal Code.

7. The name of the managing agency or agent and a telephone number at which that party may be reached on a twenty-four (24) hour basis.

8. Physical street address of the unit and emergency contact information consisting of 911 and non-emergency contact information for the Mammoth Lakes Fire Protection District and Mammoth Lakes Police Department.

9. Evacuation plan for the unit showing exit routes, exits, and fire extinguisher locations. Evacuation plans may be hand-drawn and do not need to be drawn to scale but should clearly show occupants how to exit the premises in the case of an emergency.

10. The current version of the visitor expectation guide must be posted in the transient occupancy unit in a visible location.

11. Acceptance by an operator of a Certified Property authorization constitutes consent by the operator, and all other operators of that transient occupancy unit, to publication by the Town of Mammoth Lakes of Certified Property information including the Certified Property authorization number, names of all operators, email addresses, and phone numbers, 24-hour emergency contact name, 24-hour emergency contact phone number, number of parking spots, and maximum occupancy for the transient occupancy unit.

5.40.050 - Standards and Conditions of Operation.

Transient uses shall comply with all of the following standards and conditions of operation.

A. All applicable Codes regarding fire, building and safety, health and safety, noise, and other relevant laws.

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B. Information on the permitted occupancy, parking capacity for each unit, and trash disposal requirements shall be stated in the rental information and agreement provided to prospective renters, prior to their occupancy of the unit. The operator shall restrict the parking for the transient rental so that tenants will not exceed the number of parking spaces allocated to the unit.

C. Each operator shall have a local 24-hour emergency contact who is available at all times to respond to questions and issues arising out of the transient occupancy. Failure to respond to calls in a timely and appropriate manner on two (2) occasions shall result in revocation of the Certified Property authorization for the transient occupancy unit and the eligibility as a 24-hour emergency contact. For purposes of this Chapter, responding in a timely and appropriate manner shall mean that a response to an initial call shall be made within one (1) hour of the time the call was made, and within twenty-four (24) hours of the initial call, corrective action shall be commenced to address any violation of this Chapter and Chapter

3.12. D. Each operator shall supply the name and phone number for the cleaning service to the Town. The cleaning service can be the owner, property management company or other Town of Mammoth Lakes business tax certificate holder providing those specific services within their business model.

E. Operators shall furnish the names and contact information of each vendor or contractor supplying services to a Certified Property as requested by the Town.

F. The number of occupants in any residential unit for transient use shall not exceed the limits set forth in the California Health & Safety Code and the 1997 Uniform Housing Code.

G. Any advertisement, including web advertising, for the transient occupancy unit must include the Certified Property authorization number.

H. All activities shall be in compliance with the Town's Noise Chapter (Municipal Code Chapter 8.16) and the Town's Solid Waste Chapter (Municipal Code Chapter 8.12).

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I. Occupancy Limitations

1. Single-Family Home, Town Home, Duplex. The maximum number of persons who may occupy the property as transient renters or their overnight guests shall be limited to two (2) persons per bedroom, plus two (2). Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of this occupancy calculation. The maximum occupancy shall not exceed ten (10) persons in any rental unit unless the unit is approved by the Town of Mammoth Lakes Tax Collector for such occupancy.

2. Condominiums and All Other Unit Types. The maximum number of persons who may occupy the property as transient renters or their overnight guests shall be limited to two (2) persons per bedroom, plus two (2). Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of this occupancy calculation. The maximum occupancy shall not exceed ten (10) persons in any Certified Property unless the unit is approved by the Town of Mammoth Lakes Tax Collector for such occupancy.

J. Transient rental units shall not be used for activities that would exceed the maximum permitted number of occupants unless a special event permit is reviewed and approved by the Town.

K. Operators shall distribute the visitor expectation guide to all occupants prior to check in.

The visitor expectation guide shall be posted within the transient occupancy unit in a conspicuous place.

5.40.055 - Operational Deficiencies.

When the Town is made aware of the failure to adhere to the standards, conditions, or other requirements of operating a transient occupancy unit, the operator shall be afforded the following process to resolve the issue before any further action is taken at the discretion of the Tax Collector.

A. The operator shall be notified of the violation and will have 30 days to resolve the identified violation, to continue renting without penalty or suspension.

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B. If the violations are not corrected in the initial 30 days, the operator will receive a fine, in accordance with the Town’s fine schedule for non-compliance.

C. If the violation is not corrected within 45 days of initial notice, the Town shall suspend the Certified Property authorization until the problems are resolved to the satisfaction of the Town.

Continued operation after suspension, including advertising for transient rentals, will be subject to administrative citations and other remedies available to the Town.

5.40.060 – Inspection Requirements.

A. Any transient occupancy unit for which a new Certified Property authorization is requested shall be inspected, prior to commencement of the use, by a qualified inspector authorized and approved by the Town to conduct such inspections. The inspection shall verify compliance with all standards and conditions of operation including signage requirements as well as applicable safety requirements. The qualified inspector shall submit a completed inspection form to the Town showing that the unit has passed inspection and is approved for rental. The actual cost of such inspection shall be paid by the operator directly to the inspector. A unit shall be required to be inspected every four years and prior to the issuance of any new business tax certificate or Certified Property authorization.

B. The Town may require transient occupancy units identified as being operated in violation of this Chapter to be reinspected by a qualified inspector at any time. The cost of the reinspection or expenses incurred to reach compliance shall be paid by the operator.

C. Operators shall complete the transient rental inspection within two (2) months of the submission of applications to the Town indicating the intention to rent the transient occupancy unit on a transient basis. Failure to complete the transient rental inspection within the two (2) month period will result in the revocation of the applications and forfeiting of all application fees paid by the operator.

5.40.070 - Violations.

A violation of any provision of this Chapter, and/or the renting of any transient occupancy unit in a Zoning District that does not allow for such transient rental, or without proper land use approvals, is subject to the general penalty provisions and/or the administrative citation provisions set forth in Chapter 1.12 and Chapter 8.32 of the Municipal Code, respectively, and

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any other civil or administrative remedy allowed by law, provided that such violations shall be subject to a fine not exceeding one thousand five hundred dollars ($1,500) for a first violation, a fine not exceeding three thousand dollars ($3,000) for a second violation of this Chapter and/or Chapter 3.12 within one year, and a fine not exceeding five thousand dollars ($5,000) for each additional violation of this Chapter or Chapter 3.12 within one year of the first violation.

Notwithstanding Chapter 1.12 and subsection A of this section, the administrative fine for the operation of any transient occupancy unit without a valid business tax certificate shall be five hundred dollars for the first violation.

Notwithstanding subsection A of this section, the $1,500, $3,000, and $5,000 fines set forth therein shall not apply to: (i) a first time offense of failing to obtain a Certified Property authorization or business tax certificate or pay a fee for either of those; or (ii) violations committed in connection with the transient rental of a commercially operated hotel, motel, bed and breakfast inn, time-share property as defined by subdivision (aa) of Section 11212 of the Business and Professions Code, lodge, inn, camping site, space where camping or remaining overnight on a transient basis is permitted at a campground or recreational vehicle park, or the rental of anything that is not a “transient occupancy unit” as defined in Section 5.40.030.

Town staff shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

Non-compliance by an operator of the requirements for registration and operation of transient rental units may result in the revocation of the business tax certificate authorizing the use, and no new business tax certificate may be issued to the same licensee for operation of a transient occupancy facility for a period of twelve months following such revocation.

A person committing a second or subsequent violation of any provision of this Chapter, including the rental of a transient occupancy unit without a business tax certificate or Certified Property authorization, and/or the renting of any property in a Zoning District that does not allow for such transient rental, or without proper land use approvals shall be subject to a minimum enforcement charge of $2,500 dollars.

5.40.080 – Remedies for Violations.

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A. If during a financial audit or other means of assessing rental activity the Tax Collector determines that the nonpayment of any remittance due is based on fraud the operator shall be subject to an administrative fine of one thousand dollars and revocation of the associated business tax certificate and all Certified Property authorizations. No new business tax certificates or Certified Property authorizations shall be issued to the operator or for the transient occupancy unit for a period of three months for the first violation, six months for the second violation, and twelve months following all subsequent violations.

B. An operator found to have undertaken, contracted for, or allowed unpermitted improvements, alterations, or repairs in a transient occupancy unit for which a permit or permits were required by applicable Codes, laws and/or ordinances shall be subject to an administrative fine of one thousand dollars and revocation of the associated business tax certificate and all Certified Property authorizations. No new business tax certificates or Certified Property authorizations shall be issued to the operator or for the transient occupancy unit for a period of three months for the first violation, six months for the second violation, and twelve months following all subsequent violations.

C. An operator found to have violated this Chapter in connection with the registration (or lack thereof) or operation of a transient occupancy unit shall be subject to an administrative fine of one thousand dollars and revocation of the associated business tax certificate and all Certified Property authorizations. No new business tax certificates or Certified Property authorizations shall be issued to the operator or for the transient occupancy unit for a period of three months for the first violation, six months for the second violation, and twelve months following all subsequent violations.

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1 TOWN COUNCIL STAFF REPORT
Title: Waive the reading and adopt the ordinance terminating the moratorium on the issuance of Short-Term Rental Certificates.

Meeting Date: March 20, 2024
Prepared by: Rob Patterson, Town Manager
RECOMMENDATION:

Adopt the ordinance lifting the current moratorium on the issuance of new short-term rental registration certificates pursuant to the Town of Mammoth Lakes Municipal Code Title 5.

BACKGROUND:

The Town Council adopted Ordinance 23-10 imposing a moratorium on the issuance of new Short-Term Rental (STR) certificates in defined zoning areas within the Town of Mammoth Lakes on October 18, 2023. The action was taken as an urgency ordinance making the moratorium effective for 45 days. On November 29, 2023, the Town Council conducted a public hearing to extend the initial 45-day moratorium through May 31, 2024 to receive recommendations from the STR Advisory Committee on key updates necessary to address housing issues and STR administration.

The STR Advisory Committee work included the creation of sub-committees for a more detailed discussion of issues. The three subcommittees created were Certified Properties – Focused on STR administration, Zoning – Focused on a review of zoning opportunities, and Carrots and Sticks to review housing initiatives and STR limitations. These subcommittees met weekly for most of December and early January to bring proposals back to the entire STR Advisory Committee for final review. The STR subcommittee work was completed on January 23, 2024 and the STR Advisory Committee met one more time on January 30, 2024 to finalize recommendations for the February 7, 2024 Town Council meeting.

The recommendations from the STR Advisory Committee included an immediate implementation of Certified Properties and long-term analysis of recommendations for additional programs in the Housing NOW! initiative and development of a dedicated funding source for these programs. As there were a number of adjustments to the STR program and other housing initiatives like The Parcel coming into play, the STR Advisory Committee did not recommend any caps or limits on the number of STRs in Town. That decision may be revised in the future as the benefits of the current work program are realized.

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2 ANALYSIS:

The results of the Committee work provided crucial edits to the STR administration program Certified Properties for immediate implementation. Staff began work updating Municipal Code Section 3.12 and 5.40, both of which govern STR activities in the Town.

The recommended updates to these codes addressed a number of problems with the existing STR administration and fundamentally changed the registration process, removing TOT certificates and adding individual property certifications. The updates also altered the requirements of owners, in certifying the properties for STR business transactions. New requirements included:
 Required Inspections – expanding on the current inspection program and requiring a new inspection every four years.
 Emergency Contact – 24-hour emergency contact that either needs to be a business in Town or Owner Operator living within 60 minutes of the Town.  Cleaning Services – Required to be a licensed business in the Town of Mammoth Lakes.
 Educational Materials posted within the unit and provided to the transient renter at the point of check in.
 Review of Occupancy Limits – Re-approval of all exemptions to standard occupancy limits.
 Enhanced Penalties to address either nuisance issues from operations that need to be addressed for quality of life to more egregious activities like fraudulent tax reporting that may suspend the certified properties authorization.  Updated fees for annual administration of Certified Properties.

Based on the comprehensive updates to the Municipal Code governing STRs, staff are recommending the moratorium remain in place until such time these new code updates are effective. Staff are bringing the first reading of Code 3.12 and 5.40 to Town Council on March 6, 2024 with a second reading and adoption occurring on March 20th. These code updates will be in place 30-days later on April 22, 2024.

Staff has coordinated this ordinance update to occur in conjunction with these updates and will therefore be effective April 22, 2024 barring any unforeseen challenges with adoption.

OPTIONS ANALYSIS
Option 1: Staff is requesting the Town Council adopt an ordinance lifting the current moratorium on the issuance of new short-term rental registration certificates pursuant to Town of Mammoth Lakes Municipal Code Title 5.

Option 2: Make an alternative suggestion for staff to address lifting of the moratorium.

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ORDINANCE NO. 24-

AN ORDINANCE OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES

TERMINATING THE MORATORIUM ON THE ISSUANCE OF

TRANSIENT OCCUPANCY REGISTRATION CERTIFICATES
WHEREAS, on October 18, 2023, the Town Council adopted Ordinance No. 23-__, establishing a moratorium on the issuance of transient occupancy registration certificates (the “Moratorium”); and
WHEREAS, on November 29, 2023, the Town Council adopted Ordinance No. 23-___, extending the Moratorium through May 31, 2024; and
WHEREAS, subsequent to the adoption of the Moratorium, the Town Council formed the STR Advisory Committee, comprised of members of the Mammoth Lakes community and two members of the Town Council, with direction to study how best to regulate short-term rentals in Mammoth Lakes; and
WHEREAS, the STR Advisory Committee has held a number of meetings and received extensive verbal and written comments from members of the public, and has made a number of recommendations; and
WHEREAS, the STR Advisory Committee, among other recommendations, recommended that the Town Council amend Titles 3 and 5 of the Mammoth Lakes Municipal Code to establish a “Certified Properties” program to ensure that short-term rental properties are periodically inspected, offer emergency contacts to guests, have identified cleaning services, and that the Town has more tools for dealing with violations of the Town’s operating standards for short-term rentals; and
WHEREAS, the Town Council has conducted the first reading of an ordinance adopting a “Certified Properties” program, which is intended to better regulate short-term rentals operating in Mammoth Lakes but does not cap the number of short-term rentals nor restrict their locations; and
WHEREAS, the Town Council finds that upon the effective date of the ordinance adopting the “Certified Properties” program, the Moratorium will no longer be necessary; and WHEREAS, termination of the Moratorium in advance of its scheduled May 31, 2024 expiration requires the adoption of an ordinance;

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

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Section 1: The Moratorium shall terminate and be of no further force or effect at 12:00 AM on April 22, 2024, provided that the Certified Properties ordinance takes effect concurrently.

In the event of a referendum or other legal challenge that prevents the Certified Properties ordinance from taking effect at 12:00 AM on April 22, 2024, the Moratorium shall remain in effect until the earlier of May 31, 2024 or the effective date of the Certified Properties ordinance.

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.

The foregoing Ordinance was introduced on the 6
th day of March, 2024, and PASSED,
APPROVED, AND ADOPTED on the 20th day of March, 2024.
_________________________________
Bill Sauser, Mayor
ATTEST:
__________________________
Jamie Gray, Town Clerk

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Mammoth Lakes Town Council
Agenda Action Sheet
Title: 2024/25 Parks and Recreation Department Fee Schedule Amendments.

Council Meeting Date: 3/20/2024
Prepared by: Stuart Brown, Parks and Recreation Director Recommended Motion: Conduct a Public Hearing and approve by resolution the 2024/25 Parks and Recreation Department fee schedule amendments as presented in Exhibit B.

Summary: It is well documented that having access to quality parks and recreation services improves physical and mental health, reduces crime and violence, increases access to healthy foods, builds community and boosts economic activity. The fundamental purpose of the Parks and Recreation Department is to deliver on these community values and provide multi-purpose, yearround, indoor, and outdoor recreation opportunities accessible to all residents and visitors.

Combined with the finalized 2024 Annual Programming Menu and the Department’s 2024 Strategic Priorities and Key Objectives Statement, the proposed 2024/25 Fee Schedule completes the administrative framework necessary to deliver high-quality, innovative, and affordable recreation programming for our residents and visitors of Mammoth Lakes.

The Parks and Recreation Department has conducted an extensive and exhaustive analysis of its services, the costs reasonably borne of providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for these services. In accordance with the Municipal Code, staff is presenting the 2024/25 Parks and Recreation Department Fee Schedule (Exhibit B) to the Town Council for their consideration. If the resolution is approved by motion, the fees will take effect on March 21, 2024.

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MAMMOTH LAKES TOWN COUNCIL

STAFF REPORT
1 Council Meeting Date: March 20, 2024
Prepared by: Stuart Brown, Parks and Recreation Director Katrina Kelly, Recreation Manager
Warren Boling, Parks Manager
Douglas Gebhart, Recreation Supervisor
Mark Bell, Recreation Supervisor
Andrew McEachron, Recreation Supervisor
Sydney Schulz, Program and Facilities Administrator
Title: 2024/25 Parks and Recreation Department Fee Schedule Amendments.

RECOMMENDATION:

Conduct a Public Hearing and approve by resolution the 2024/25 Parks and Recreation Department fee schedule amendments as presented in Exhibit B.

BACKGROUND INFORMATION:

It is well documented that having access to quality parks and recreation services improves physical and mental health, reduces crime and violence, increases access to healthy foods, builds community and boosts economic activity. The fundamental purpose of the Parks and Recreation Department is to deliver on these community values and provide multi-purpose, year-round, indoor, and outdoor recreation opportunities accessible to all residents and visitors.

ANALYSIS AND DISCUSSION:

The Parks and Recreation Department annually reviews and recommends appropriate fees for the many adult and youth camps and programs, including fees for facility reservations and admissions.

These fees are presented to the Parks and Recreation Commission, whose powers and duties as stated in section 2.40.040 of the Municipal Code, empower this advisory body to “advise the Town Council and the Town Manager in all matters pertaining to all Town-owned or managed parks, recreation, facilities, trails, special events and all other associated activities as prescribed by ordinances or by town council action.”
Municipal Code Section 3.39.040 requires an annual review by Town Council of Town fees and service charges. In addition, Ordinance No. 08-11 states that Council by resolution may annually set a subsidy for certain fees or charges, thereby not requiring that one hundred percent of costs reasonably borne is recovered by that certain fee or charge. Based on historical Town Council adopted subsidies (Ord. 91-08 & Ord. 95-07) for recreation programs, and the philosophy of the Parks and Recreation Department to provide broad and considerable community benefit and enhanced quality of life, the Department applies a high subsidy (approx. 70-80%) for youth programs and facility operations and a lower subsidy (approx. 10-20%) for adult programming.

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2 The Parks and Recreation Department has conducted an extensive and exhaustive analysis of its services, the costs reasonably borne of providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for these services. In accordance with the Municipal Code, staff are presenting the 2024/25 Parks and Recreation Department Fee Schedule (Exhibit B) to the Town Council for their consideration. If the resolution is approved by motion, the fees will take effect on March 21, 2024.

Summary of Proposed Fee Amendments
The U.S. Bureau of Labor Statistics1reported that prices in the Los Angeles area, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), over the last 12 months advanced

3.5 percent. Food prices advanced 3.8 percent. Energy prices increased 3.1 percent, largely the result of an increase in the price of electricity. The index for all items less food and energy rose

3.4 percent over the year. For comparison, the CPI-U for 2022 was 4.9 percent (6.6 % in 2021).

Proposed 2024/25 Fee Amendments
Staff has provided a summary overview of the proposed 2024/25 fee schedule amendments below.

The Department typically reviews and amends facility rental fees and admission fees every 2 years and adjusts recreation/instructional program and camp fees annually. Reasonable fee recovery is based on a number of factors including the annual Consumer Price Index (CPI), along with direct costs reasonably borne of providing parks and recreation services. Direct costs include seasonal staff wages, cost of contract or skilled instructor(s), excursion/overnight costs, and equipment/supply/food and transportation expenses. Many of these expenses have increased significantly over the past two years from inflationary pressure. Indirect costs, such as Department

1 https://www.bls.gov/regions/west/news-release/consumerpriceindex_losangeles.htm

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3 full-time employee salaries, healthcare, and workers compensation expenses, are not included in the cost recovery evaluation.

The Parks and Recreation Department Master Fee Schedule is attached for Council’s consideration (Exhibit B). A summary of the fee amendments is listed below.

Summary of 2024/25 Fee Amendments:

Special Event Administrative Permit
 Fees were last amended in 2022.
 Increased ‘regular’ permit fee from $230 to $250 due to higher direct staff costs.  ‘Premium’ permit fee: $500 – includes staff time to prepare and present a Town Council Resolution for a temporary road closure in the Town of Mammoth Lakes.

Leisure and Cultural Fees
 Introduced “Amenities Enhancement Program.” A $2,000 fee includes a park bench with back and installation of the bench and the memorial plaque.  The Town of Mammoth Lakes Amenities Enhancement Program provides an opportunity to celebrate people and events, and to make a great impact on the well-being of the park and open-space system. Amenities available for donation include benches, tables, bike racks, pavilions, and other park amenities.

Facility Rental Fees
 Facility rental fees increased by an average of 5% and are scheduled to be in place for two years (2024/25 and 2025/26).
 The non-profit fee is calculated at a 20% discount from the regular rental fee.  Includes a Cleaning Fee ($100) – charged to the renter if the facility requires additional cleaning following a rental.
 Includes new “Pickleball Courts and Multi-Use Complex” per hour tournament fee for 6 courts. Courts are free for the public to use on a first come-first serve basis.  Includes a Tournament Rental Fee of $60.00 per hour for all facilities with fields/courts that includes 2 employees to support the activity.
 Mammoth Creek Park rental areas include the new Picnic Shelter that is expected to be available for use in September. The new grass area and bouldering park will be available to the public on a first-come, first-serve basis.

Whitmore Pool
 Admission fees were last amended for the 2022 season (2 summers).  No change to general admission fees – scheduled for review in 2025.  Introduced Inyo/Mono K-12 Student w/School ID fee of $3.00 (Reg. youth fee $4,00).  Revised punch pass to 5 visits – buy 4 visits and get 5th visit FREE.  Introduced Summer Pool AND Mammoth RecZone Membership (season pass). Updated pass fees are as follows:
o Family (2+2) - $360

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4 o Adult - $135 (was $154 in 2023)
o Senior/Military/College - $112 (was $132 in 2023)
o Youth - $90
o NEW Inyo/Mono County K-12 student - $60 (includes $10 multiple child discount/pass)
 Lesson products increased by an average of 10%.
 Introduced New discounted $10 Water Safety Program fee.  Revised parking lot fee to align with other facilities.  Revised fee schedule for Mammoth Swim Team practice sessions.  Introduced a membership pass product exclusively for members of the Mammoth Lakes Swim Team.

LA Kings Ice at Mammoth Lakes
 Admission fees were last amended 2 years ago and are planned to be in place for the next two winter seasons (2024/25 & 2025/26).
 Regular youth admission fee ($9), Inyo/Mono County K-12 student admission fee ($5) and $60 (annual pass fee) remain unchanged but includes a $10 multiple child discount/pass.  Increased general admission fees and skate rentals by an average of 5-10%.  Midweek Community Skate Special increased from $8 to $9 (50% discount on adult rate)  Introduced holiday admission fees due to higher direct costs for providing additional staff (3-5 people) during these peak time periods.
 Eliminated helmet rental fee of $7.50 – now FREE with paid admission – program supported by Mammoth Hospital.
 Lesson and instructional/recreation products adjusted to cover direct costs.  League products increased to cover extended season and increased expenses (officials, staff for scoreboard, ice preparation, etc.).
 Introduced comprehensive Membership (Season Pass) program for 7 months of operations (2023/24 season was only 5 months) with and without skates. Fee includes 10% early purchase discount prior to December 1 that is included in parathesis below. o Non-skate rental membership pass rates are as follows:
 Family (2+2) - $495 ($445.50)
 Adult - $180 ($162)
 Senior/Military/College - $150 ($135)
 Youth - $135 ($121.50)
 Inyo/Mono County K-12 student - $60 (includes $10 multiple child discount/pass)
 Hourly ice rental fee increased from $300 to $350 including a ‘peak time” hourly fee.  Revised fee for multi-purpose space (small/large) for birthday parties or event use.  Revised fee schedule for MLYH practice sessions and tournament rental fee.

Mammoth RecZone
 No change to general admission fees – scheduled for review in 2025.  Made minor adjustments to court and facility rental fees.  Introduced NEW “Camp Mammoth” (weekly/daily drop-in) fees for Grades TK-K & 1-2.

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5  Introduced NEW “Kids Club” fee - supervised after camp program at Mammoth RecZone (Monday-Thursday, from 4-6pm).
 Introduced Mammoth RecZone AND Whitmore Pool Membership (Summer Play Pass).

Updated pass fees are as follows:
o Family (2+2) - $360
o Adult - $135 (was $154 in 2023)
o Senior/Military/College - $112 (was $132 in 2023)
o Youth - $90
o NEW Inyo/Mono County K-12 student - $60 (includes $10 multiple child discount/pass)
 Revised punch pass to 5 visits – buy 4 visits and get 5th FREE.  Increased 6-week recreation program fees from $50 to $60 (drop-in increased from $10- $15).
 Lesson and Instructional/Recreation products adjusted to cover direct costs.

Edison Theatre
 Facility rental fees were introduced in 2022 and will be revised in 2025.  Revised Library/Conference space fees to align with Community Center rental pricing.  Revised parking lot fee to align with other facilities (subject to availability).  Note – programming and facility reservations are currently on hold as the Town no longer has a lease for Edison Hall and it is closed for remodeling work.

Adult Programs
 Fees were last amended in 2022 and are reviewed annually.  Instructional/Recreation products increased by an average of 5-10%.

Youth Camps/Programs
 Fees are adjusted annually.
 Summer Camp fees are increased annually by 5%.
 Instructional/Recreation products increased by an average of 5-10%.

Scholarship Fund
The Parks and Recreation Department will continue to administer youth scholarships through the Tony Colasardo Scholarship Fund. The fund provides 50%, 75% and 90% scholarships, based on availability, for the many popular camps and recreation programs offered by the Parks and Recreation Department. These scholarships can also be used to help with registration costs for local youth sports organizations. These scholarships are intended to remove financial barriers facing a family when deciding to participate in our many camps or programs. The implementation, promotion and management of the scholarship program is incorporated in the 2024 Strategic workplan and remains a priority for staff.

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6 STAFFING CONSIDERATIONS:

The 2024 annual programming menu and associated fees and service charges were developed from an extensive analysis of 2023 products and services that are aligned with the existing and planned staffing levels within the Parks and Recreation Department.

LEGAL CONSIDERATIONS:

Municipal Code Section 3.39.040 requires an annual review by Town Council of Town fees and service charges. In accordance with the Municipal Code, staff presented the amended 2024/25 Parks and Recreation Department Fee Schedule to the Recreation Commission on March 5, 2024.

The proposed fee schedule was unanimously approved by motion.

FINANCIAL CONSIDERATIONS:

Each year the Town of Mammoth Lakes conducts an extensive and exhaustive analysis of its services, the costs incurred by the Town in providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services. Based on historical Town Council adopted subsidies (Ord. 91-08 & Ord. 95-07) for recreation programs, and the philosophy of the Parks and Recreation Department to provide broad and considerable community benefit and enhanced quality of life, the Town applies a high subsidy (approx. 70- 80%) for youth programs and facility operations and a lower subsidy (approx. 10-20%) for adult programming. It should be noted that actual subsidies may vary based on several factors including program content, required staff, direct expenses (food, transport, and activities) and participation.

RECOMMENDATION:

Conduct a Public Hearing and approve by resolution the 2024/25 Parks and Recreation Department proposed fee schedule amendments as presented in Exhibit B.

ATTACHMENTS:

A. Resolution of the Town Council of Mammoth Lakes, State of California, amending a schedule of fees and charges for Town services.

B. 2024/25 Parks and Recreation Department Fee Schedule Amendments.

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RESOLUTION NO. 24 -___

RESOLUTION OF THE TOWN COUNCIL OF MAMMOTH LAKES, STATE OF

CALIFORNIA, AMENDING A SCHEDULE OF FEES AND CHARGES FOR TOWN

SERVICES
WHEREAS, the Town of Mammoth Lakes has conducted an extensive and exhaustive analysis of its services, the costs reasonably borne of providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services; and
WHEREAS, the Town wishes to comply with both the letter and the spirit of Article XIIIB of the California Constitution and limit the growth of taxes; and WHEREAS, the Town Council adopted Ordinance No. 08-11 on October 1, 2008, containing provisions relating to Town fees and service charges; and WHEREAS, Ordinance No. 08-11 states that the Town Council by resolution may annually set a subsidy for certain fees or charges, thereby not requiring that one hundred percent of costs reasonably borne by the Town are recovered by that certain fee or charge; and WHEREAS, the Town, based on historical Town Council adopted subsidies (Ord. 91-08 & Ord. 95-07) for recreation programs and the philosophy of the Parks and Recreation Department to provide broad and considerable community benefit and enhanced quality of life, applies a high subsidy (approx. 70-80%) for youth programs and facility operations and a lower subsidy (approx. 10-20%) for adult programming. Actual subsidies may vary based on several factors including program content, required staff, direct expenditures, and participation; and WHEREAS, public testimony was received by the Parks and Recreation Commission on March 5, 2024 regarding the proposed changes to the Town’s fee schedule; and WHEREAS, a schedule of fees and charges to be paid by those requesting such special services must be adopted so that the Town might carry into effect its policies; and WHEREAS, it is the intention of the Town Council to provide a schedule of fees and charges for Town services beginning March 21, 2024; and WHEREAS, as required under Government Code sections 6062a and 66018, the Town of Mammoth Lakes published the notice of the public hearing on March 8 and March 15, 2024; and WHEREAS, all requirements of California Government Code Section 66018 are hereby found to have been complied with.

NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

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Resolution No. 24-

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Section 1. Fee Schedule Adoption. The schedule of fees and charges attached hereto as Exhibit “B” are hereby directed to be computed by and applied by the Town of Mammoth Lakes effective March 21, 2024, and to be collected by the Town of Mammoth Lakes for the listed special services.

Section 2. Separate Fee for Each Process. All fees set by this resolution are for each identified process; additional fees shall be required for each additional process or service that is requested or required. Where fees are indicated on a per unit of measurement basis, the fee is for each identified unit or portion thereof within the indicated ranges of such units. Definitions regarding fees and the timing of the implementation of the hereinafter enumerated fee schedule shall be as stipulated in Ordinance No. 08-11.

Section 3. Fees. The attached fees shall be charged and collected for the enumerated services starting on March 21, 2024. It is the intention of the Town Council to review the fees and charges on an annual basis, and if warranted, to revise such fees and charges.

Section 4. Waiver of Fees. The Town Manager may waive all or a portion of any fee adopted by this Resolution with respect to a particular imposition of the fee upon a particular user to which the fee would otherwise apply. The Town Manager may approve any such waiver if he or she believes that doing so is in the best interest of the Town and/or the community, or that there are special circumstances which would make payment of the full fee unfair or unreasonable.

Section 5. Severability. If any portion of this Resolution is declared invalid or unconstitutional then it is the intention of the Town Council to have passed the entire Resolution and all its component parts, and all other sections of this Resolution shall remain in full force and effect.

Section 6. Effective Date. This Resolution shall go into full force and effect on March 21, 2024, but shall be subject to the terms and conditions of Ordinance No. 08-11.

APPROVED AND ADOPTED this 20th day of March, 2024.

_________________________
BILL SAUSER, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

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Resolution No. 24-

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EXHIBIT “B”

UPDATED FEE SCHEDULE

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Updated: 2/27/2024 PRC Review: 3/5/2024 TC Review: 3/20/2024 Item Note
Community
Programming
Facility Rental
(FUA)
NonProfit/Govt.

Fee (-20%)
2022/23
FEES
2024/25

PROPOSED
FEES
Change/Notes
31470 LEISURE AND CULTURAL FEES
Administrative Permit for Events Administrative Permit for Events NA 230.00 $ $ 250.00 per event Administrative Permit for Events Administrative Permit for Events that require a road closure NA 500.00 $ $ 500.00 Direct cost recovery fee for temp. road closure requiring council resolution Special Event Equipment Use Deposit Event organizers use town purchased equipment NA 275.00 $ $ 275.00 per event Amenities Enhancement Program Park bench with back - includes plaque and installation NA NA $ 2,000.00 Renews after 10 years

XXXXX PICKLEBALL COURTS/MULTI-USE COMPLEX
Tournament Rental Fee 6 Courts/entire rink area $ 48.00 NA $ 60.00 Per hour - must have approval from Director, includes 2employee Pickleball Court Rental 1 court NA $ 17.50 Per court per hour for exclusive use ONLY Cleaning Fee Facility Cleaning Fee NA NA $ 100.00 Added to reservation if cleaning required 60010 COMMUNITY CENTER
Community Center - Contractual Agreement Any org. with a contractual arrangement with TOML As specified by contract Community room Rental Fee 5.00 $ 27.20 $ 32.50 $ $ 34.00 Per hour - 2 hour min.

Community room Rental Fee 176.00 $ 200.00 $ $ 220.00 Per day (8 hours) Set Up Charge Setup Fee NA 83.00 $ $ 50.00 Added to reservation if facility set-up required Cleaning Fee Facility Cleaning Fee NA NA $ 100.00 Added to reservation if cleaning required Parking Lot Parking Lot Rental 13.50 $ 16.50 $ $ 20.00 Per hour 56815 EDISON THEATRE
Contractual Agreement Any org. with a contractual arrangement with TOML As specified by contract The Library/Conference Room Rental Fee 26.00 $ 31.00 $ $ 32.50 Per hour - 2 hour min.

Edison Theatre Rental Fee NA 125.00 $ $ 125.00 Min. 4 hours Edison Theatre Rental Fee NA 200.00 $ $ 220.00 Per day (8 hours) Technical Assistance Stage, sound, lights, etc. 48.00 $ 60.00 $ $ 60.00 Per hour Parking Lot Parking Lot Rental 13.50 $ 16.50 $ $ 20.00 Per hour Cleaning Fee Facility Cleaning Fee NA NA $ 100.00 Added to reservation if cleaning required 60012 COMMUNITY CENTER TENNIS COURTS
Tennis Courts - Contractual Agreement Any org. with a contractual arrangement with TOML As specified by contract Tennis Courts Rental Fee Rental Fee $ 13.50 $ 16.50 $ 17.50 Per court per hour for exclusive use Tournament Rental Fee 1-4 Courts $ 48.00 $ 43.00 $ 60.00 Per hour - must have approval from Director, includes 2 employee 60020 SHADY REST PARK
Shady Rest Park - Contractual Agreement Any org. with a contractual arrangement with TOML As specified by contract Picnic Shelter - Rental Fee Rental Fee 27.20 $ 32.50 $ $ 34.00 Per hour - 2 hr. min Cleaning Fee Facility Cleaning Fee NA NA $ 100.00 Added to reservation if cleaning required Softball Field - Rental Fee Rental Fee 13.50 $ 16.50 $ $ 17.50 Per hour - 2 hour min.

Skate Park Rental Fee 13.50 $ 16.50 $ $ 17.50 per hour
Volleyball Court - Rental Fee Rental Fee 13.50 $ 16.50 $ $ 17.50 Per hour - 2 hour min.

Basketball Court - Rental Fee Rental Fee 13.50 $ 16.50 $ $ 17.50 Per hour - 2 hour min.

Soccer Field - Rental Fee Rental Fee 13.50 $ 16.50 $ $ 17.50 Per hour - 2 hour min.

Shady Rest DiscGolfPark - Rental Fee Rental Fee 13.50 $ 16.50 $ $ 17.50 Per hour - 2 hour min.

Parking Lot Rental Fee Parking Lot Rental 13.50 $ 16.50 $ $ 20.00 Per hour Tournament Rental Fee Rental Fee 50.50 $ 63.00 $ $ 60.00 Per hour - must have approval from Director, includes one amenity rental and 2 employee 60022 MAMMOTH CREEEK PARK
Picnic Shelter Rental Fee Picnic Shelter Rental $ 15.50 $ 19.00 $ 20.00 Per hour - 2 hr. min Parking Lot Rental Fee Parking Lot Rental 13.50 $ 16.50 $ $ 20.00 Per hour 66200 TRAILS END PARK
Picnic Shelter - Contractual Agreement Any org. with a contractual arrangement with TOML As specified by contract Picnic Shelter Rental Fee Picnic Shelter Rental $ 15.50 $ 19.00 $ 20.00 Per hour - 2 hr. min Parking Lot Rental Fee Parking Lot Rental $ 16.50 13.50 $ $ 20.00 Per hour Cleaning Fee Cleaning fee NA NA $ 100.00 Added to reservation if cleaning required 56811 WHITMORE RECREATION AREA
2024/25 Parks and Recreation Department Master Fee Schedule

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Track and Sports Field - Contractual Agreement Any org. with a contractual arrangement with TOML As specified by contract Track Rental Fee Track & Sports Field Rental 27.20 $ 32.50 $ $ 34.00 Per hour - 2 hour min.

Synthetic Turf Rental Fee 27.20 $ 32.50 $ $ 34.00 Per hour - 2 hour min.

Ball Field Rental Fee Ball Field Rental 13.50 $ 16.50 $ $ 17.50 Per hour Tournament Rental Fee Rental Fee 50.50 $ 63.00 $ $ 60.00 Per hour - must have approval from Director, includes one amenity rental and 2 employee Parking Lot Rental Fee Parking Lot Rental 13.50 $ 16.50 $ $ 20.00 Per hour Facility Cleaning Fee Cleaning Fee NA 55.00 $ $ 100.00 Added to reservation if cleaning/trash required 56118 WHITMORE POOL
Whitmore Pool Any org. with a contractual arrangement with TOML As specified by contract Whitmore Pool Admission - Adult (18-64) NA 6.00 $ $ 6.00 Per entry Whitmore Pool Admission - Senior/Military/College student (65+ yrs./ID) NA 5.00 $ $ 5.00 Per entry Whitmore Pool Admission - Youth (3-17) NA 4.00 $ $ 4.00 Per entry Whitmore Pool Inyo/Mono K-12 Student w/School ID NA 4.00 $ $ 3.00 Per entry Whitmore Pool Admission - Infant (2 and under) NA - $ $ - Whitmore Pool Premium lane Fee NA 5.00 $ $ 5.00 per lane/entry Whitmore Pool Season membership - must be paid member of Mammoth Lakes Swim Team NA $ 53.00 $ 45.00 Per season Whitmore Pool and RecZone Season Membership - Family (2+2) NA NA $ 360.00 Per season + Open Play + Public swim sessions Whitmore Pool and RecZone Season Membership - Adult (18-64 yrs.) NA NA $ 135.00 Per season + Open Play + Public swim sessions Whitmore Pool and RecZone Season Membership - Senior/Military/College (65+ yrs./ID) NA NA $ 112.00 Per season + Open Play + Public swim sessions Whitmore Pool and RecZone Season Membership - Youth (3-17 yrs.) NA NA $ 90.00 Per season + Open Play + Public swim sessions Whitmore Pool and RecZone Season Membership - Inyo/Mono K-12 Student w/School ID NA NA $ 60.00 Per season + Open Play + Public swim sessions (includes $10 multiple child discount) Whitmore Pool Punch Pass (5) Adult "Swim Pass" NA 30.00 $ $ 24.00 5th swim FREE Whitmore Pool Punch Pass (5) Snr/Military "Swim Pass" NA 25.00 $ $ 20.00 5th swim FREE Whitmore Pool Punch Pass (5) Youth "Swim Pass" NA 20.00 $ $ 16.00 5th swim FREE Whitmore Pool Punch Pass (5) Child "Swim Pass" NA 12.50 $ $ - FREE with paid adult Whitmore Pool Water Polo League NA 110.00 $ $ 125.00 per team Whitmore Pool Shower NA 2.50 $ $ 3.00 Per entry
Whitmore Pool Organized Group Rate (10+ people) - All ages NA 4.00 $ $ 4.00 Per entry Whitmore Pool Organized Group Rate - Child for Husky Club NA 2.50 $ $ 2.50 Husky Club Whitmore Pool Tournament Rental fee (pool rental/swim meet) NA 63.00 $ $ 60.00 Per hour - must have approval from Director Whitmore Pool Pool Rental Fee 120.00 $ 150.00 $ $ 160.00 Per hour - includes 2 lifeguards Whitmore Pool Pool Rental Fee - MLST Practice Sessions NA 27.60 $ $ 37.50 Per hour - includes 1 lifeguard Whitmore Pool Group/Party Area Rental Space 16.00 $ 20.00 $ $ 25.00 Per hour, includes 2 tables + chairs (2 hr minimum) Whitmore Pool Instructional Program NA 15.00 $ $ 16.00 New per session Whitmore Pool Group Swim Lessons NA 55.00 $ $ 70.00 8-day session, for 30 minutes/day Whitmore Pool Private Swim Lessons NA 40.00 $ $ 50.00 Per 30 minutes Whitmore Pool Recreational Program Fee NA 10.00 $ $ 12.00 per session Whitmore Pool Water Safety Program NA $ 10.00 per session Parking Lot Parking Lot Rental NA 16.50 $ $ 20.00 Per hour 56120 Community Recreation Center /LA Kings Ice at Mammoth Lakes Ice Rink Any org. with a contractual arrangement with TOML As specified by contract Ice Rink Adult Admission (18-64 yrs.) NA 11.00 $ $ 12.00 Per session - $18 with rental Ice Rink Adult Admission - Holiday (18-64 yrs.) NA NA $ 16.00 Per session - $22 with rental Ice Rink Youth Admission (6-17 yrs.) NA 9.00 $ $ 9.00 Per session - $15 with rental Ice Rink Youth Admission - Holiday (2-17 yrs.) NA NA $ 12.00 Per session - $18 with rental Ice Rink Senior/Military/College Student Admission (65+ yrs./ID) NA 9.50 $ $ 10.00 Per session - $16 with rental Ice Rink Senior/Military/College Student Admission - Holiday (65+ yrs./ID) NA $ 13.00 Per session - $19 with rental Ice Rink Community Skate Special (2+) NA 8.00 $ $ 9.00 Per session (includes rental) Ice Rink Child Admission (2 and under) NA - $ $ - FREE with paid adult Ice Rink Skate Rental NA 5.00 $ $ 6.00 Per session
Ice Rink Skate Assist Aids NA 15.00 $ $ 15.00 Per session Ice Rink Helmet Rental NA 7.50 $ $ - FREE with paid admission/rentals Ice Rink Organized Group Rate (Youth+) - min. 10 NA 10.00 $ $ 12.00 Per session (includes rental) - limited to available sessions Ice Rink Inyo/Mono K-12 Student w/School ID NA 5.00 $ $ 5.00 Per session use, includes rental Ice Rink Skate Sharpening NA 15.00 $ $ 15.00 Per pair (hockey/figure skates) Ice Rink Private Skating Lessons NA 40.00 $ $ 50.00 Per 30 minute session based on age/ability level of student

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Ice Rink Instructional Programs - per session NA 15.00 $ $ 20.00 per session: includes skating, curling, hockey, etc.

Ice Rink Recreational Programs - per session NA 10.00 $ $ 15.00 per session Ice Rink Adult Play Fee - non instructional (hockey/curling) NA 10.00 $ $ 15.00 Per session Ice Rink Adult Play Pass - non instructional (hockey/curling) NA $ 60.00 5th session free Ice Rink Youth Play Fee - non instructional (hockey/curling) NA 5.00 $ $ 7.50 Per session Ice Rink Youth Play Pass - non instructional (hockey/curling) NA $ 30.00 5th session free Ice Rink Adult Hockey League - Fall (8+2 weeks) NA NA $ 150.00 Per Player + USA Hockey Membership Ice Rink Adult Hockey League - Winter (12+2 weeks) NA 150.00 $ $ 250.00 Per Player + USA Hockey Membership Ice Rink Adult Curling League NA 195.00 $ $ 250.00 Per team (min-4 players) - includes 1 drop-in session/week during league period Ice Rink Season Membership - Family (2+2) NA $ 765.00 Per season - includes rentals (public skate only) - LESS 10% IF PURCHASED BY 12/1 ($688.50) Ice Rink Season Membership - Adult (18-64 yrs.) NA 195.00 $ $ 270.00 Per season - includes rentals (public skate only) - LESS 10% IF PURCHASED BY 12/1 ($243) Ice Rink Season Membership - Senior/Military/College student (65+ yrs./ID) NA 175.00 $ $ 240.00 Per season - includes rentals (public skate only) - LESS 10% IF PURCHASED BY 12/1 ($216) Ice Rink Season Membership - Youth (3-17 yrs.) NA 135.00 $ $ 225.00 Per season - includes rentals (public skate only) - LESS 10% IF PURCHASED BY 12/1 ($202.50) Ice Rink Season Membership - Inyo/Mono K-12 Student w/School ID NA 60.00 $ $ 60.00 Per season - includes rentals (public skate only) - includes $10 multiple child discount Ice Rink Season Membership - Infant (2 and under) NA 60.00 $ $ 90.00 Per season - includes rentals (public skate only) - LESS 10% IF PURCHASED BY 12/1 ($81) Ice Rink Season Membership - Family (2+2) NA NA $ 495.00 Per season - includes rentals (public skate only) - LESS 10% IF PURCHASED BY 12/1 ($445.50) Ice Rink Season Membership - Adult (18-64 yrs.) NA 120.00 $ $ 180.00 Per season - EXCLUDES rentals (public skate only) - LESS 10% IF PURCHASED BY 12/1 ($162) Ice Rink Season Membership - Senior/Military/College student (65+ yrs./ID) NA NA $ 150.00 Per season - EXCLUDES rentals (public skate only) - LESS 10% IF PURCHASED BY 12/1 ($135) Ice Rink Season Membership - Youth (3-17 yrs.) NA NA $ 135.00 Per season - EXCLUDES rentals (public skate only) - LESS 10% IF PURCHASED BY 12/1 ($121.50) Ice Rink Ice Rental - non-peak $200.00 280.00 $ 300.00 $ $ 350.00 Per hour - prior to noon and after 8:00pm (subject to availability). Includes skate rentals for 20 ppl Ice Rink Ice Rental - peak time $250.00 400.00 $ NA $ 500.00 Per hour rate - between noon and 8:00pm (subject to availability). Includes skate rentals for 20 ppl Ice Rink Ice Rental - MLYH Practice Sessions NA 70.00 $ $ 90.00 Per hour rate - subject to availability and Facility Use Agreemement Ice Rink Curling Sheet rental NA 125.00 $ $ 130.00 Per hour - includes one lane, stones, equipment and ice prep Ice Rink Small Multi-Purpose Space (Birthday party for 12 children) 20.00 $ 20.00 $ $ 25.00 Per hour, includes 2 tables + chairs (2 hr minimum) Ice Rink Large Multi-Purpose Space (Birthday party for 12-24 children) 40.00 $ 35.00 $ $ 50.00 Per hour, includes 6 tables + chairs (2 hr minimum) 60002 Community Recreation Center /Summer
RecZone Any org. with a contractual arrangement with TOML As specified by contract RecZone 1 Court Rental 24.00 $ 30.00 $ $ 30.00 Per court / per hour, includes equipment RecZone 3 Court/Rink Rental 60.00 $ 70.00 $ $ 75.00 Per hour, includes equipment RecZone Small Multi-Purpose Space (Birthday party for 12 children) 16.00 $ 20.00 $ $ 25.00 Per hour, includes 2 tables + chairs (2 hr minimum) RecZone Large Multi-Purpose Space (Birthday party for 12+ children) 28.00 $ 35.00 $ $ 50.00 Per hour, includes 6 tables + chairs (2 hr minimum) RecZone Facility Rental - subject to availability 200.00 $ 200.00 $ $ 250.00 Per hour, includes equipment (4hr min rental - max. 12 hr. rental). 50% deposit required at time of reservation.

RecZone Admission - Adult (18-64 yrs.) NA 6.00 $ $ 6.00 Per entry + equipment RecZone Admission - Senior/Military/College (65+ yrs./ID) NA 5.00 $ $ 5.00 Per entry + equipment RecZone Admission - Youth (3-17) NA 4.00 $ $ 4.00 Per entry + equipment RecZone Admission - Infant (2 and under) NA FREE FREE With paying adult RecZone Community Special NA 4.00 $ $ 4.00 Per entry + equipment (Mon-Thur - non holiday) RecZone Inyo/Mono K-12 Student w/School ID NA NA $ 3.00 Per entry + equipment RecZone Five Fun Pass - Adult NA 30.00 $ $ 24.00 5th visit Free RecZone Five Fun Pass - Senior/Military NA 25.00 $ $ 20.00 5th visit Free RecZone Five Fun Pass - Youth NA 20.00 $ $ 16.00 5th visit Free Whitmore Pool and RecZone Season Membership - Family (2+2) NA NA $ 360.00 Per season + Open Play + Public swim sessions Whitmore Pool and RecZone Season Membership - Adult (18-64 yrs.) NA NA $ 135.00 Per season + Open Play + Public swim sessions Whitmore Pool and RecZone Season Membership - Senior/Military/College (65+ yrs./ID) NA NA $ 112.00 Per season + Open Play + Public swim sessions Whitmore Pool and RecZone Season Membership - Youth (3-17 yrs.) NA NA $ 90.00 Per season + Open Play + Public swim sessions Whitmore Pool and RecZone Season Membership - Inyo/Mono K-12 Student w/School ID NA $ 60.00 Per season + Open Play + Public swim sessions (includes $10 multiple child discount) RecZone Camp Mammoth 4.5-day session (Mon-Thu 9am-4pm, Fri 9am-12pm) NA NA $ 176.00 CRC product for TK-K and Grades 1-2 RecZone Kids Club (After camp program at Mammoth RecZone (Monday-Thursday, 4-6pm) NA $ 15.00 per session RecZone Recreation Programs - Drop In NA 10.00 $ $ 12.00 Kids Club/session RecZone Instructional Program - Drop In NA 15.00 $ $ 16.00 Per person, per session RecZone Private Lessons NA 40.00 $ $ 50.00 Per 30 minute session RecZone Youth Leagues (self-regulated) NA 5.00 $ $ 5.00 Per child/session RecZone Youth Leagues (with officials) NA 10.00 $ $ 10.00 Per child/session RecZone Adult/Youth Tournaments NA 125.00 $ $ 125.00 Per team. Includes Volleyball, Basketball, Futsal and Dodgeball RecZone Adult Leagues (self-regulated) NA 250.00 $ $ 250.00 Per team. 10 weeks. Includes Volleyball and Dodgeball.

RecZone Adult Leagues (with officials) NA 400.00 $ $ 400.00 Per team. 10 weeks. Includes Basketball and Futsal.

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RecZone Birthday Party Packages NA Cost Acct Cost Acct Price based on number of people and services requested RecZone Youth Special Event Participant Fee NA 5.00 $ $ 5.00 Per entry 432 RECREATION PROGRAMS
ADULT
Adult Beach Volleyball Tournament Shady Rest Park Volleyball Courts NA 60.00 $ $ 80.00 Per team Adult Indoor Soccer League MHS Gym - winter NA 450.00 $ $ 475.00 Per team Adult Softball League Whitmore/Shady Rest NA 735.00 $ $ 770.00 Per team Adult Summer Soccer League Whitmore NA 750.00 $ $ 790.00 Per team Volleyball League Indoors / self regulated NA 175.00 $ $ 185.00 Per team Private Lesson (30 mins) 30 minutes NA 40.00 $ $ 50.00 Per session Instructional Programs - DROP IN NA 15.00 $ $ 16.00 Per session. Includes Tennis Recreational Programs - Drop In NA 10.00 $ $ 12.00 Per session. Includes Tennis YOUTH
Summer Camps 4.5-day session (Mon-Thu 9am-4pm, Fri 9am-12pm) NA 168.00 $ $ 176.00 Includes Bike Camp, Camp Mammoth, Nature Camp Signature Summer Camps 4.5-day session (Mon-Thu 9am-4pm, Fri 9am-12pm) NA 230.00 $ $ 242.00 Includes Adventure, Aquatics, Art, Backpacking, C.I.T., Climbing, Mountain Biking, Wilderness, & Youth Theatre Camps
High School CIT Camp 4.5-day session (Mon-Thu 9am-4pm, Fri 9am-12pm) NA 230.00 $ $ 242.00 Counselor in Training Camp Explorer Camps 5-day session (Mon-Fri 9am-12pm) NA 147.00 $ $ 155.00 Wave Rave Camp 3-day session (Wed-Fri 9am-4pm) NA 147.00 $ $ 155.00 Wave Rave Camp - Explorer 3-day session (Wed-Fri 9am-12pm) NA 90.00 $ $ 95.00 Youtheatre NA 230.00 $ $ 242.00 Fees set by Instructor/Town Staff - per contract Instructional Programs NA 15.00 $ $ 16.00 Per session
Recreational Programs - per session NA 10.00 $ $ 12.00 per session Private Lesson (30 mins) NA 40.00 $ $ 50.00 Per Session. Includes up to 3 students. Includes Tennis

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1 TOWN COUNCIL STAFF REPORT
Title: Presentation on budget performance through the second quarter of FY23- 24 and approval of Budget Amendments
Meeting Date: March 20, 2024
Prepared by: Rob Patterson, Town Manager
RECOMMENDATION:

Receive the second quarter Fiscal Year 23-24 Budget Report and adopt the proposed resolution amending the Fiscal Year 23-24 budget as recommended in Attachment A – Budget Adjustments.

BACKGROUND:

Proper administration of the budget requires regular review of performance against budget expectations. While staff reviews performance on a monthly basis, staff provides Town Council with the opportunity to review our financial performance at the close of each quarter. This report reflects the second quarter performance and provides updates on general operating budget. The analysis primarily focuses on the General Fund and Gas Tax as it is early enough in the year not to see significant shortfall to budget aside from the significant snow impacts, both of which are covered in these two funds. The first review of current year performance typically does not see significant changes to adopted budget unless we have a major project update or other item of significance not captured during the normal budget process. All funds have been reviewed in detail in preparation for this Town Council update. All funds not discussed are operating within the planned budget limits for both revenue and expenditures. The third quarter update, set for late May, will likely have more items to cover as we discuss closing out our winter operations and the completion of a number of capital projects.

ANALYSIS/DISCUSSION:

The budget process for FY23-24 was a continued strategic growth for key revenue elements like Transient Occupancy Tax (TOT) and strong performance of property tax, sales tax, and other elements tied to visitation. The Town came off a very strong year driven by record snowfall and extended winter activities. The increased visitation and demand for services kept the lodging rates high allowing TOT to achieve a record year at $29.5.

Snowfall this year has been a bit of a challenge, and the TOT performance shows that impact. The storms in the beginning of the season were late and left the holiday period about 30% behind the previous year’s performance. When the storms did arrive, pent up demand and expectation helped our performance rebound in late January.

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2 Transient Occupancy Tax
The primary revenue driver for the General Fund is Transient Occupancy Tax (TOT). At the start of the year, we had a late summer, and most summertime activities were condensed into a tighter timeframe along with favorable weather and a smoke free summer. We set records for TOT revenue in August, September and October. As mentioned in the previous section, winter visitation started a bit slow but has delivered when the snow arrived in January. The amount of TOT collected is a factor of both visitation and the nightly rates charged by our lodging facilities. To date, three of the first seven months have set records in TOT collection, but the late start to the winter season has left key months behind record pace. To date we are 11.7% behind the record performance for last year and well ahead of budget with an estimated $5M in unallocated TOT revenue year to date. The chart below shows how the adopted budget of $18.0M was distributed across each month, using a threeyear average performance per month. Staff distributes the budgeted revenue to easily assess the current year performance in a volatile revenue stream. The distribution of budgeted TOT revenue is as follows:

The budget of $18.0M did represent a return to normal visitation without closures or other pandemic effects. As stated earlier, staff did expect to exceed this budget during the fiscal year. One important element of our conservative budgeting is the willingness to make adjusts throughout the year, realizing the additional revenue and putting it to work on

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3 special projects within the Town. Staff are using the estimate above to recommend $5.0M in additional TOT revenue for the second quarter review. Staff believes there will be additional TOT revenue, estimated at $3.0 – $4.0M for budget review in the remainder of FY23-24.

The recommended increase to Transient Occupancy Tax revenue will result in additional contributions to reserve accounts for Tourism, Housing, and Transit based on Council direction and political commitments. Based on the second quarter recommendation of $5.0M, the following adjustments will be made to reserve accounts, rounded to the nearest $100.

The second quarter budget presentation usually has very few adjustments to budget outside of TOT in stronger years. This year is no different and we have only one other revenue increase to address. With recent interest rate hikes, our interest revenue has exceeded budget so far this year. We do anticipate this revenue item to over perform on subsequent quarterly presentations as we have recently invested in CAMP, which has returns above

5.0% for several months. This new investment pool has provided much better returns and staff is recommending an increase of $1,200,000 in interest revenue. In total, staff is recommending an increase in budgeted revenue of $6,200,000 for the 2nd quarter FY23-24.

The political commitments outlined above will be removed from this increased revenue leaving $4,642,400 for expenses and staff recommendations.

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4 General Fund - Expenditures
The second quarter update is early enough in the year, that there are very few expenditure items that have exceeded their expected budgets, usually due to some extenuating circumstance or unanticipated need, like this year’s snowfall. Staff has done a review of all General Fund expenditures to date and have the following recommended updates:

The expenditure updates listed above have unique circumstances for each item. The police overtime listed above includes shift coverage earlier in the year when crew was down a sergeant as Chief Casabian was acting police chief and his position remained open and vacant. We also had a recruit from the academy and remains on field training, requiring extra staffing. The Parks and Building Maintenance experienced the majority of their storm impact recovery when the snow melted and provided opportunity to start recovery.

Therefore, their impact from last winter is showing in this fiscal year. The Planning department has a number of large-scale planning projects requiring outside consultant assistance. These charges are passed through to the applicant and show up in revenue as planning fees. The additional expense for Facility Maintenance is related to an electrical

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5 switch that needs to be replaced for the Town offices. This switch has failed two times, switching from our generator back to regular power and it is the one remaining piece of equipment that was not replaced during the Town generator replacement project.

Covering these additional expenses will reduce available funds to $4,502,400.

Staff Recommendations
Bond Payment Reserve - $1,335,000
The Town Council recently authorized the execution of certain lease financing documents in connection with offering and sale of certificates of participation for cost of construction and equipping a new Town facility and cost of acquiring land from Mammoth Lakes Foundation. This bond finance repayment includes a number of existing expenses that the Town has either already paid the debt, making these funds available for this bond payment, or will do so as part of the transaction. This bond payment schedule does have a shortfall of approximately $1.3 million in the first 13 years of the bond. At which time, the Town will have paid off the judgement bond debt, making available another $1.86M annually to cover bond payments. Staff is recommending the Town set aside the $1.3M, allowing for an interest earning fund that could be drawn down annually by the amount of shortfall, therefore not increasing the operating budget for the Town in securing this debt. Staff has identified that the majority of this funding can be achieved by realizing unallocated interest revenue identified above.

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6 Future Capital – $1.300.000
The recommendation to allocate $1,300,000 to Fund 990 is funding set aside for contingency for ongoing projects. The fund is used to meet new opportunities and address unforeseen needs. Several capital projects are proceeding this spring / summer, and given the current bidding climate and some unknowns, additional funding may be necessary.

Housing Programs - $1,750,000
One of the Town Council’s Strategic Priorities is to “Expand availability and affordability of Community Housing”. Staff has identified opportunities to invest in both short and longterm strategies to make this priority a reality. The Bridge program remains a successful pathway to deed restricted home ownership within our community. Staff is recommending an allocation of $1.0M to this aspect of the Housing Now! initiatives. The STR Advisory Committee had a number of recommendations for other facets of support for housing. A rental subsidy program to provide housing for local workforce and the potential to convert some short-term rental units into long-term housing. The Chamber of Commerce also received a presentation from Placemates on a turnkey program for rental subsidy. Staff is recommending the allocation of $450,000 from a combination of Tourism reserve and Housing reserve funding to support this effort. The Town will seek to have a presentation from the Placemates organization on the April 3, 2024, Town Council meeting. The STR Advisory Committee also recommended other extended housing programs, including down payment assistance for home ownership. While many of these programs remain under review and development, staff are recommending allocation of $300,000 to undesignated Housing Now! initiatives. This allocation will provide funding for these programs once fully developed and adopted by the Town Council. Staff is recommending the allocation of $1,750,000 from the following sources:

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7 Capital Project – Main Street Landscaping - $465,000
In 2021 the Town worked with JK Architecture and Engineering, a landscape architect and engineering consultant to develop a landscaping plan to revive the landscaping and streetscape along both sides of Main Street between Mountain Boulevard and just east of Old Mammoth Road. The scope included installation of a new drip irrigation system using existing conduit that was installed during the sidewalk projects and existing controllers and materials where applicable. The scope also included installation of seed mix, trees, bushes, flowers, mulch, boulders, and cobble. In June of 2022 Staff solicited bids to complete the first phase of construction. No bids were received. Since then, Staff has worked to secure a contractor to complete the phase 1 work. Phase 1 includes the underground irrigation infrastructure and some key plantings. This winter Staff was able to find two bidders interested in completing this work. Bids were received and a contract could be drawn up, however, the budget is insufficient to complete the work. The lowest bid was $507,750 to complete the work in phase 1. The engineer’s estimate at the time of bid was $375,000. As of now only $250,000 has been set aside to complete the first phase of work. The second phase is estimated to cost $165,326 and is focused mostly on new plantings and seeding.

The total cost to complete both phases would be $673,076. An additional $465,000 in budget would provide a total project budget of $715,000 providing a small contingency.

Addition to the Fleet – Admin Vehicle - $60,000
The Town administrative staff have one vehicle to use for enforcement activity, training, conferences and other Town related business across multiple departments. The contract with the Town Manager includes a vehicle assigned to the Town Manager for use on Town business and for occasional de minimis personal purposes, in lieu of providing any vehicle allowance. Staff is recommending allocation of funding to acquire an additional administrative vehicle for this purpose.

Tourism Reserve
The tourism reserve was established to provide funding for tourism expenditures and is based on the normal allocation of TOT for tourism which is 2.35 points or 18.08% of TOT collected. This is considered a political commitment established by the Town Council to ensure tourism related activities, and more recently housing activities, have a stable funding source. The distribution from the unallocated TOT was $903,800 for the second quarter. Staff has recommended $225,000 be allocated to Housing Now! programs, specifically for a rental assistance program. Staff is also recommending $250,000 allocated to Town supported Air Subsidies for Advanced Air flying into Mammoth Yosemite Airport. This additional subsidy is used to cover special pricing and promotional packs, designed to allow locals to utilize the service and increase enplanements, seeking to achieve our 10,000 enplanement goals.

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8 Housing Reserve
The housing reserve was established to provide funding for housing expenditures and is based on the normal allocation of TOT for housing which is .85 points or 6.54% of TOT collected. This is considered a political commitment established by the Town Council to ensure housing activities have a stable funding source. The allocation from the excess TOT was $326,900 for the second quarter. Staff has recommended $225,000 be allocated to Housing Now! programs, specifically rental subsidy for year 1.

Other Funds
Staff has reviewed all funds in preparation for this Town Council update. In all other funds, there are no adjustments that require attention at this time.

OPTIONS ANALYSIS
Option 1: Receive the second quarter Fiscal Year 23-24 Budget Report and adopt the proposed resolution amending the Fiscal Year 23-24 budget as recommended in Attachment A – Budget Adjustments.

Option 2: Provide staff with alternate direction on the proposed budget amendments.

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FY23-24 Budget Presentation
Second Quarter Update
Rob Patterson
Town Manager
March 20, 2024

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Transient Occupancy Tax

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General Fund Revenue

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General Fund Summary

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Staff Recommendations

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Staff Recommendations

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Staff Recommendations

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Housing & Tourism Reserve

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Date of Request: 3/20/2024 Requested By: Rob Patterson
Department: Finance

CR DR DR CR
Revenue Revenue Expense Expense
Account Name Fund-Dept-Account Activity Increase Decrease Increase Decrease 1 Transient Occupancy Tax 100-000-30604 5,000,000
2 Interest 100-000-37002 1,200,000
3 Police Department - Overtime 100-420-40113 50,000
4 Parks & Building Maintenace - Overtime 100-438-40113 30,000 5 Planning - Contractual Services 100-440-43031 50,000
6 Facilities Maintenace - Contractual Services 100-464-43031 10,000 7 Bond Payment Reserve 990-000-39999 1,335,000
8 Future Capital 990-000-39999 1,300,000
9 Fund 245 - Housing Now! - Programs 245-000-39999 83174 1,000,000 10 General Fund - Capital Project Main Street (Phase 300-000-39999 43636 465,000 11 Fund 245 - Housing Now! - Programs 245-000-39999 83176 300,000 12 Additions to the Fleet - Administrative 915-000-39999 60,000 13 Staff Recommendations - General Fund 100-599-49999 4,460,000 14 Staff Recommendations - Housing Reserve 100-445-49999 225,000 15 Staff Recommendations - Tourism Reserve 100-480-49999 475,000 16 Additions to the Fleet - Administrative 915-570-48300 60,000 17 Airport - Air Subsidy 220-000-39999 250,000
18 Fund 245 - Housing Now! - Programs 245-000-39999 83180 450,000 19 20
21 22
23 24
25 26
27 28
29 30
31 Political Commitments (Not Captured Above)
Tourism Reserve- 2.35 Points or 18.0769% of TOT 903,800.00 Transit Reserve - .85 Points or 6.5385% of TOT 326,900.00 Housing Reserve - .85 Points or 6.5385% of TOT 326,900.00 Reason for Transfer:

Fund Balance Adjustments
Reason Budget Available:

Increased Revenue from TOT and Interest
Funding Source
Department Head Signature:

Town Manager or Administrative Services/Finance Director Signature:

Town Council Approval Date (if required) : Date, Item # -

BUDGET TRANSFER
FY23-24 - 2nd Qtr Budget Amendment

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RESOLUTION NO. 24-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,

ACCEPTING THE MID-YEAR UPDATE AND AMENDING THE
FISCAL YEAR 2023-24 BUDGET
WHEREAS, the Town Council has adopted a Fiscal Year 2023-24 Budget; and WHEREAS, the Town Council wishes to make modifications to that Budget as necessary to the efficient administration of the Town; and WHEREAS, the Town Council received an update from the Town Manager at the March 20th Town Council meeting regarding the financial performance though January 31, 2024; and
WHEREAS, the Town Council provided direction to modify revenues and expenses in various funds and departments.

NOW, THEREFORE, BE IT RESOLVED that the Town Manager is hereby directed to make the following modifications to the FY2023-24 budget, as provided for in Attachment A.

APPROVED AND ADOPTED THIS 20th day of March 2024.

___________________________
BILL SAUSER, Mayor
ATTEST:
________________________________
JAMIE GRAY, Town Clerk

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Agenda Item ________
File No. ____________

AGENDA BILL
Subject: Councilmember Reports
Initiated by: Jamie Gray
______________________________________________________________________ BACKGROUND:

Each member of the Town Council is appointed to serve as a Town representative to a number of committees, commissions, and organizations.

These groups meet infrequently and from time to time the representatives will report to the rest of the Council at a regularly scheduled meeting.

In addition, Councilmembers on occasion participate in meetings, conferences and seminars, and their reports on these educational opportunities are of benefit to the rest of the Council.

ANALYSIS/DISCUSSION:

California Government Code requirements pertaining to the open meeting act stipulate that all items for discussion must be listed on the agenda before the matter can be discussed and/or acted upon. To meet this requirement, and the intent of the Brown Act, Councilmember Reports are listed on each agenda to allow representatives to report to the rest of the Council at these meetings.

The following is a list of the commission/committees on which members of the Council serve:

Land Use:

Local Agency Formation Commission (LAFCO) – Rea, Rice, and Bubser as alternate
Airport Land Use Commission – Rea, Rice, and Bubser as the alternate Mono County Collaborative Planning Team (CPT) – Senior Planner Kim Cooke and Rice as alternate
Intergovernmental Relations:

Town and County Liaison Committee – Sauser, Bubser, and Town Manager and Rea as alternate
Desert Mountain Division of the League of California Cities – Sauser and Town Manager as alternate
Eastern Sierra Council of Governments (ESCOG) – Bubser, Wentworth, and Sauser as alternate
Great Basin Unified Air Pollution Control District – Wentworth and Bubser as alternate

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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) – Bubser, 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.

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Mammoth Lakes City CouncilMarch 20, 2024

Mammoth Lakes City Council
March 20, 2024