Town Council Agenda
Wednesday, August 21, 2024, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:
Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, Councilmember John Wentworth NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (760) 965-3602. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 13.102-35.104 ADA Title II)
NOTE: Materials related to an item on this agenda submitted after distribution of the agenda packet are available for public inspection in the Town Offices located at 437 Old Mammoth Road, Suite 230 during normal business hours. Such documents are also available on the Town of Mammoth Lakes website at www.townofmammothlakes.ca.gov subject to staff’s ability to post the documents before the meeting.
NOTE: You may attend the Town Council meetings in person or watch them on the Town of Mammoth Lakes' website at www.townofmammothlakes.ca.gov , on the local government cable channel 18, or via Zoom. Public comments can be submitted to the Town Clerk at [email protected]. before and during the meeting, or may be made in person or via Zoom.
NOTE: All comments will be limited to a speaking time of five minutes.
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1. CALL TO ORDER AND ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENTS
The Public Comment portion of the agenda provides the public with an opportunity to address the Town Council on matters not otherwise listed on the agenda. Under California law the Town Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the Town Council may briefly respond to comments or questions from members of the public. Therefore, the Town Council will listen to all public comment, but will not generally discuss the matter or take action on it. Requests for service from the Town may also be made at the Town offices during regular business hours.
Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration.
4. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED)
5.1 Receive Mammoth Main Base Redevelopment Project (“Evolving Main”) Update (Mammoth Mountain Main Lodge Area).
5.2 Parcel Affordable Housing Project Construction Update – August 2024.
6. COUNCIL PRESENTATIONS
6.1 Recognition of the 40th Anniversary of the Town of Mammoth Lakes.
7. CONSENT AGENDA
7.1 Approve the minutes of the special meeting of August 7, 2024.
7.2 Approve the minutes of the regular meeting of August 7, 2024.
7.3 Cancel the January 1, 2025 regularly scheduled Town Council Meeting.
7.4 Waive the reading and adopt by title only the ordinance amending Section 2.04.050 of the Town of Mammoth Lakes Municipal Code related to Town Council Compensation.
7.5 Award the contract for the Mammoth Yosemite Airport General Aviation and Terminal Parking Lot Reconstruction Project to Meyers Earthwork, Inc. in the amount of $1,703,490.00.
7.6 Authorize the Contract for Construction Management During the Airport Parking Lot Reconstruction Project to Brandley Engineering Inc. in an amount not to exceed $231,000.
7.7 Authorize the Town Manager to execute a task order with Triad/Holmes Associates for testing and inspection services at the Town Civic Center construction project as part of the existing On-Call Services Agreement, in the amount of $191,313.
7.8 Accept Check Register 8/1/24 in the amount of $1,379,510.69. Accept Check Register 8/8/24 in the amount of $2,314,584.42. Accept Check Register 8/15/24 in the amount of $2,314,584.42.
8. POLICY MATTERS
8.1 Appeal of Enforcement Charges and Administrative Citations for TOT Enforcement at 246 Canyon Blvd, Mammoth Lakes, California 93546.
8.2 Consider Ordinance adopting and enacting a new Municipal Code for the Town of Mammoth Lakes.
9. COUNCILMEMBER REPORTS
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities.
10. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, September 4, 2024 at 4:00 p.m.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Receive Mammoth Main Base Redevelopment Project (“Evolving Main”) Update (Mammoth Mountain Main Lodge Area).
Council Meeting Date: 8/21/2024
Prepared by: Jen Murillo, Contract Planner
Recommended Motion: 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. [no changes from the 7/17/24 update]
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 (MLFPD), Mammoth Lakes Police Department, etc.). Town staff held two meetings with the new MLFPD Division Chief to continue discussions on the project. 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, applicant, and Caltrans will continue to coordinate. Housing – The Applicant is working on their housing plan proposal. Once it is submitted, it will be reviewed and discussed by the Working Group before being scheduled for a joint Council and Planning and Economic Development Commission workshop.
Target Schedule
Ongoing Working Group meetings
Fall/Winter 2024 Additional outreach meetings/events (TBD) Spring 2025 Draft EIR/EIS available for review
Spring 2026 Town Council decision on project
Relevant project links:
Town’s project webpage - www.townofmammothlakes.ca.gov/1155/Mammoth- MainBase-Redevelopment USFS project webpage - www.fs.usda.gov/project/?project=62406 Applicant’s project webpage - www.evolvingmain.com/
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Parcel Affordable Housing Project Construction Update – August 2024.
Council Meeting Date: 8/21/2024
Prepared by: Nolan Bobroff, Community & Economic Development Director; Amy Callanan, Engineering Manager
Recommended Motion: This is an informational item only. No recommendations or action is needed.
Summary: The following is a brief summary of the construction highlights since the last Town Council update on the project on 7/17/24:
Phase I – The Sawyer (81 units)
The Certificate of Occupancy for Building A (66 units) was issued on 8/1/2024 and it is expected that residents will begin moving in the week of 8/19/2024. The Certificate of Occupancy for Building B (15 units) was issued on 6/12/2024 and the building is 100% leased up.
The Parcel Park is now open to the public.
Remaining site work is ongoing and includes:
o Construction of the (2) bus shelters are in progress
o Landscaping work is expected to be completed in the next 2 weeks o Park is substantially complete. Remaining items include drinking fountain, bike rack(s), and bathroom electricity.
o Shade pavilion is expected to be completed fall 2024
o The Chaparral Road extension multi-use path, sidewalk, and landscaping are expected to be completed fall 2024
Inquiries related to The Sawyer should be directed to [email protected] Phase II – The Kingfisher 2.1 (76 units)
Building Permits have been issued and grading began in early August 2024. Utility work will begin late August and the paving of the parking and driveway areas are expected in fall 2024
The estimated construction timeline is approximately 24 months.
Phase III – Ownership
Staff and Pacific continue to have conversations regarding a future ownership phase.
Discussion topics are focused on overall site planning and financial feasibility. Staff have asked Pacific to begin conceptualizing what future rental phases of the project might look like since those types of projects generally require less subsidy from the Town.
General Updates
Site security has been enhanced and perimeter fencing is focused to the areas of active construction.
Buckingham Property Management is working on increasing their presence in the area and are in the process of hiring a District Manager to oversee all of their properties in the region.
This will be in addition to individual property managers at each project. The Purple transit line is now operating through the Parcel as a part of the regular route.
PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA, RECOGNIZING THE TOWN’S 40th
ANNIVERSARY
WHEREAS, the Town of Mammoth Lakes incorporated on August 20, 1984; and WHEREAS, the Town of Mammoth Lakes was established as a general law city and functions under the council-manager form of government; and
WHEREAS, the first elected officials were appointed to the Town Council on August 20, 1984; and
WHEREAS, the Town of Mammoth Lakes is the highest elevation incorporated Town in California; and
WHEREAS, Mammoth Lakes is a premier, thriving, sustainable community; and WHEREAS, the community takes seriously our responsibility as stewards of the environment; and
WHEREAS, the community of Mammoth Lakes is committed to providing the very highest quality of life for its residents and the highest quality of experience for our visitors; and
WHEREAS, the “Community Vision” for Mammoth Lakes embodies important values and principles that recognize the uniqueness of our natural surroundings and our character as a village in the trees.
NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of Mammoth Lakes recognizes the 40th Anniversary of the Town of Mammoth Lakes.
APPROVED AND ADOPTED this 21st Day of August 2024.
_________________________
BILL SAUSER, Mayor
ATTEST:
________________________
JAMIE GRAY, Town Clerk
Town Council of Mammoth Lakes
Minutes of Special Meeting
August 7, 2024, 12:00 p.m.
The Parcel Park
1730 Tavern Road
Mammoth Lakes, CA 93546
Members Present: Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, Councilmember John Wentworth
_____________________________________________________________________
1. CALL TO ORDER
2. TOWN OF MAMMOTH LAKES PARCEL DEVELOPMENT CELEBRATION
2.1 The Town Council will participate in the ribbon-cutting ceremony for the Sawyer Project and the ground-breaking ceremony for the Kingfisher Project.
Members of the Town Council participated in the ribbon-cutting and ground-breaking ceremonies.
3. ADJOURNMENT
Jamie Gray, Town Clerk
Town Council of Mammoth Lakes
Minutes of Regular Meeting
August 7, 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 4:00 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.
Town Attorney Andrew Morris announced that Mayor Pro Tem Bubser would be participating in the meeting remotely under the "just cause" category.
2. PLEDGE OF ALLEGIANCE
Heidi Mayerhofer led the flag salute.
3. PUBLIC COMMENTS
Heidi Mayerhofer from Senator Alvarado-Gil's Office reported that she had presented a certificate of recognition from the Senator to the Town today at the ribbon cutting ceremony for Phase I of The Parcel Project. She spoke about the Senator's district. There was discussion among members of Council and Ms.
Mayerhofer.
Town Council Minutes
August 7, 2024
A member of the Jewish community said that they were building engagement with the Jewish community in Mammoth Lakes and that there would be an event at the community center next Friday at 7:00 p.m. to further that engagement.
4. ADDITIONS TO THE AGENDA
Town Manager Rob Patterson reported that Agenda Item 7.3 would be removed from the agenda.
5. COUNCIL PRESENTATIONS
5.1 Recognition of Town Clerk Jamie Gray for 20 years of service.
Town Manager Rob Patterson and Heidi Mayerhofer from Senator Alvarado-Gil's Office thanked Ms. Gray for her years of service.
6. INTRODUCTIONS
6.1 Introduce new Parks/PW Maintenance Hybrid employees Alexis Tapia–Martinez and Adam Scott.
Public Works Maintenance Manager Pat Vargas introduced Mr. Scott and Mr. Tapia-Martinez to the Council and the community.
6.2 Introduce new Human Resources Analyst Allison Floyd.
Human Resources Manager Amanda Pelham introduced Ms. Floyd to the Council and the community.
7. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Town Manager Rob Patterson thanked Community and Economic Development Director Nolan Bobroff for his efforts at today's special meeting for the ribbon cutting and groundbreaking ceremonies at The Parcel.
Town Clerk Jamie Gray gave an update regarding potential candidates for Town Council.
7.1 Did you Know? Update for June and July 2024.
7.2 August 2024 Public Works Engineering CIP Update.
7.3 August 2024 Office of Outdoor Recreation Update.
This item was continued.
Town Council Minutes
August 7, 2024
8. STAFF PRESENTATIONS
8.1 Introduction of the Police Chief’s Advisory Committee.
Police Chief Dan Casabian outlined the information in the staff report.
There was discussion among members of Council and staff.
9. CONSENT AGENDA
Moved by Councilmember Amanda Rice
Seconded by Councilmember John Wentworth
Approve the Consent Agenda with Councilmember Rice recused on Agenda Item
9.4. For (5): Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, and Councilmember John Wentworth Carried (5 to 0)
9.1 Approve the minutes of the regular meeting of July 17, 2024.
9.2 Waive the reading and adopt by title only the ordinance of the People of the Town of Mammoth Lakes amending Section 3.12.040 of the Mammoth Lakes Municipal Code increasing the rate of the Town’s Transient Occupancy Tax from thirteen percent to fifteen percent.
9.3 Waive the Reading and Adopt by Title Only the Ordinance Renewing the Town’s Military Use Policy for 2024.
9.4 Authorize execution of contract change order with Gray’s Grasshopper, Inc. for Main St. Landscaping project Phase 1.
9.5 Authorize execution of contract change orders with H.B. Restoration, Inc. for the Facilities Exterior Painting Project FAC 24-001.
9.6 Accept Check Register 7/10/24 in the amount of $238,816.85. Accept Check Register 7/25/24 in the amount of $5,331,071.27.
10. POLICY MATTERS
10.1 Consider the ordinance amending Chapter 2.04.050 of the Town of Mammoth Lakes Municipal Code related to Town Council Salaries.
Town Manager Rob Patterson outlined the information in the staff report.
Town Council Minutes
August 7, 2024
Moved by Mayor Bill Sauser
Seconded by Councilmember John Wentworth
Waive the reading and introduce by title only the ordinance amending Chapter 2.04.050 of the Town of Mammoth Lakes Municipal Code related to Town Council Compensation.
For (5): Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, and Councilmember John Wentworth
Carried (5 to 0)
10.2 Approve the Town of Mammoth Lakes FY24-25 5-Year Capital Improvement Plan (CIP).
Public Works Director Haislip Hayes outlined the information in the staff report. There was discussion among members of Council and staff.
PUBLIC COMMENT:
Betsy Truax, Mammoth Lakes Tourism (MLT) Community Engagement Director, commended the Town for all of the projects. She asked if staff could add a TBID section to the CIP. There was discussion among members of Council and Ms. Truax.
Moved by Councilmember John Wentworth
Seconded by Councilmember Amanda Rice
Approve the FY24-25 Five-Year Capital Improvement Plan.
For (5): Mayor Bill Sauser, Mayor Pro Tem Chris Bubser, Councilmember Sarah Rea, Councilmember Amanda Rice, and Councilmember John Wentworth
Carried (5 to 0)
11. COUNCILMEMBER REPORTS
Councilmember Rice attended the Eastern Sierra Community Housing Board meeting.
Town Council Minutes
August 7, 2024
Councilmember Wentworth said that he appeared in the Mammoth Lakes Tourism (MLT) multi-use path (MUP) video. He attended the Access Apartments ribbon cutting ceremony and the Mammoth Lakes Tourism Board meeting.
Mayor Sauser attended the reception and meeting of the Dessert Mountain Division of the League of California Cities that was held in Mammoth Lakes.
Mayor Pro Tem Bubser thanked past Councils for the purchase of The Parcel.
12. ADJOURNMENT
The Council adjourned the meeting at 5:41 p.m.
Jamie Gray, Town Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Cancel the January 1, 2025 regularly scheduled Town Council Meeting.
Council Meeting Date: 8/21/2024
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Cancel the meeting of January 1, 2025 due to the New Year’s Day holiday.
Summary: Our schedule of upcoming meetings reflects that the January 1, 2025 regular meeting of the Town Council falls on the New Year’s Day holiday. Town staff is requesting that the Town Council cancel this meeting.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Waive the reading and adopt by title only the ordinance amending Section
2.04.050 of the Town of Mammoth Lakes Municipal Code related to Town Council Compensation.
Council Meeting Date: 8/21/2024
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Waive the reading and adopt by title only the ordinance amending Section 2.04.050 of the Town of Mammoth Lakes Municipal Code related to Town Council Compensation.
Summary: On August 7, 2024 the Town Council unanimously introduced the attached ordinance to increase Town Council salaries. In order for the ordinance to be effective in December, the Town Council must now adopt the ordinance.
ORDINANCE NO. 24-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA, AMENDING SECTION 2.04.050 OF THE
TOWN OF MAMMOTH LAKES MUNICIPAL CODE RELATED TO
TOWN COUNCIL COMPENSATION
WHEREAS, the Town Council has previously established in Section 2.04.050 of the Municipal Code the amount of compensation to be paid to Town Councilmembers; and WHEREAS, the amount of Town Council compensation has been set at $1,029 per month, excluding health care benefits and reimbursement for actual and necessary expenses, since December 7, 2022; and
WHEREAS, Government Code Section 36516 allows the Town Council to adopt an ordinance increasing Town Council compensation in the amount of five percent for each year since the last increase in compensation, thus allowing an increase of ten percent to occur in 2024 in light of the last increase having occurred in 2022; and WHEREAS, Senate Bill 329 (SB 329) signed into law by Governor Gavin Newson on June 29, 2023, increases the base tiers for city council salaries based on the population of a municipality that may be approved by a city council by an ordinance or amendment thereto; and
WHEREAS, SB 329 continues to provide that salaries for town councilmembers may be increased either by an amount not to exceed five percent for each calendar year or by an amount equal to inflation since January 1, 2024 based upon the California Consumer Price Index which shall not exceed ten percent for each calendar year applied, whichever applied formula is greater; and
WHEREAS, all legal prerequisites for the adoption of this ordinance have occurred.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Approval. The Town Council hereby amend Section 2.04.050 of the Mammoth Lakes Municipal Code to read as follows:
2.04.050 - Compensation and reimbursement.
Pursuant to Section 36516 of the California Government Code, effective upon the beginning of the term of office for any member of the Town Council elected at the November 2024 election, or upon December 4, 2024, whichever occurs later, compensation shall be paid to each member of the Town Council in the amount of one thousand one hundred thirty-one dollars and ninety cents per
Ordinance No. 24-
month. The compensation prescribed in this section is and shall be exclusive of any benefits provided to Town Councilmembers pursuant to Government Code Section 36516(d), and any amounts payable to each member of the Council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the Town, and, accordingly, each member of the Council shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties for the Town, pursuant to the provisions of Section 36514.5 of the Government Code, as amended from time to time. Such reimbursement shall be as established by a policy resolution adopted by the Town Council.
Section 3: Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance, or any part thereof, is held invalid or unconstitutional, then such decision shall not affect the validity of the remaining sections or portions of this ordinance or part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance irrespective of the fact that any one or more sections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.
Section 4: Effective date. The Mayor shall sign, and the Town Clerk shall certify passage and adoption of this ordinance and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this ordinance shall take effect upon the beginning of the term of office for any member of the Town Council elected at the November 2024 election, or upon December 4, 2024, whichever occurs later.
ADOPTED AND APPROVED on this 21stday of August, 2024.
_________________________________
BILL SAUSER, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk
1 TOWN COUNCIL STAFF REPORT
Title: Award the contract for the Mammoth Yosemite Airport General Aviation and Terminal Parking Lot Reconstruction Project.
Meeting Date: August 21, 2024
Prepared by: Sierra Waugh, Deputy Airport Manager
RECOMMENDATION:
Staff recommends Town Council:
Approve the plans and specifications.
Award the contract to the lowest responsive bidder, Meyers Earthwork, Inc. in the amount of $1,703,490.00.
Waive any minor irregularities.
Authorize the Town Manager to execute the construction contract. Authorize the Deputy Airport Manager to accept the project upon completion. Authorize the Deputy Airport Manager to review and approve minor revisions to complete the project, up to an additional 10% of the award amount.
BACKGROUND:
Mammoth Yosemite Airport has one main parking lot that serves general aviation through the Fixed Based Operator (FBO) building and scheduled charter flights and car rentals at the terminal building. These pavements have not been reconstructed in over 20 years. The parking lot size was increased approximately 10 years ago; however, the construction was completed using grindings off another road project in Town and therefore had a much shorter lifespan than a newly constructed asphalt surface. The existing asphalt surfaces in the parking lot are highly degraded and are raveling due to weather and thermal stresses.
The reconstruction of the general aviation and terminal auto parking lot pavement will provide safe and functional areas for automobile operations at the Airport, which will have a remaining life of 20 plus years. In addition to the new pavement section, the project also includes new solar lighting and Americans with Disabilities Act (ADA) parking and connectivity improvements.
ANALYSIS:
The Town advertised for the Mammoth Yosemite Airport General Aviation and Terminal Parking Lot Reconstruction project from February 23 to March 20, 2024. Bids were opened on March 20, 2024, at 3:00 PM. The bids received were as follows:
2 Granite Construction $3,039,540
JPB Designs Inc. $2,860,060
Meyers Earthwork, Inc. $1,703,490
Qualcon Contractors Inc. $2,090,340
A bid review was completed, and one minor irregularity was found. The low bidder, Meyers Earthwork, Inc., listed subcontractors in the bid documents including Disadvantaged Veteran Business Enterprises (DVBE) to meet the project’s Disadvantaged Business Enterprises (DBE) goal of 12.63%; however, DVBEs are not interchangeable with DBEs and therefore does not meet the goal. The bid requirements are that a contractor either meet the DBE goal or conduct and provide proof of a Good Faith Effort. Given that it is not a requirement to meet the goal and they did send us their GFE documentation, the Contractor, Meyers Earthwork, Inc. is still able to be considered a responsive bidder.
FINANCIAL CONSIDERATIONS:
Federal Aviation Administration (FAA) moneys fund 90.66% of the project costs. The federal share of 90.66% is funded by the Airport Infrastructure Grant (AIG), under the Bipartisan Infrastructure Law (BIL) grant program. The sponsor, Town of Mammoth Lakes, is responsible to pay the remaining 9.34% which comes from the Airport’s capital improvement program funds. The Total project costs are as follows:
Construction – Base Bid $1,703,490
Administration $10,000
Engineering During Construction/Closeout $66,000
Construction Management $165,000
Total Project Costs $1,944,490
The Town received the AIG grant on August 12, 2024 in the amount of $1,762,875. The breakdown of project funds are:
Federal AIG Funds $1,762,875
Sponsor Match $181,615
Total Project Funds Available $1,944,490
ENVIRONMENTAL CONSIDERATIONS:
On February 27, 2023, the Federal Aviation Administration (FAA) reviewed and approved the Categorical Exclusion, for the project, pursuant to FAA Order 1050.1F as it relates to the National Environmental Policy Act of 1969 (NEPA). This project is categorically exempt from the California Environmental Policy Act (CEQA) under California Code of Regulations Title 14 Section §15301(c), repair and minor alterations of an existing facility.
Map of the General Aviation and Terminal Parking Lot Reconstruction Project at Mammoth Yosemite Airport
1 TOWN COUNCIL STAFF REPORT
Title: Authorize the Contract for Construction Management During the Airport Parking Lot Reconstruction Project to Brandley Engineering Inc.
Meeting Date: August 21, 2024
Prepared by: Sierra Waugh, Deputy Airport Manager
RECOMMENDATION:
Staff recommends that Town Council authorize the agreement with Brandley Engineering, Inc. for construction management services for the General Aviation and Terminal Area Parking Lot Reconstruction project at Mammoth Yosemite Airport (MMH) in an amount not to exceed $231,000.
BACKGROUND:
In May 2022, the Airport parking lot asphalt was surveyed to determine the asphalt quality.
The asphalt was found to be extremely deteriorated, with a Pavement Condition Index (PCI) ranging from 7 to 64. PCI ranges from 0 to 100 and therefore our pavement class is very poor and failed.
On September 12, 2023, staff executed an Airport Infrastructure Grant (AIG) agreement with the Federal Aviation Administration (FAA) for the purposes of funding the design of the GA and Terminal Area Parking Lot Reconstruction. The design included a full depth pavement removal and replacement, drainage, solar lighting, and Americans with Disabilities Act (ADA) improvements.
ANALYSIS:
Brandley Engineering Inc. has performed construction management services and grant assistance for the Airport for many years. Staff issued a Request for Qualifications for engineering and architectural services, to include construction management support, at the Airport in June of 2023 and after reviewing Statement of Qualifications and conducting interviews. Brandley Engineering, Inc., along with one other firm, was selected to provide on-call engineering services as needed.
The purposed contract scope of work for this project includes two phases: engineering design services during construction including project closeout and construction management. The construction management portion of work includes that they furnish a qualified Resident Engineer to review and monitor construction activities, conduct inspections and testing, provide traffic safety inspections, and implement the project safety plan. A record of negotiation and independent fee estimate was completed by staff to ensure a reasonable fee and scope of work.
2 FINANCIAL CONSIDERATIONS:
The amount of funding received through the Federal Aviation Administration (FAA) Airport Infrastructure Grant (AIG), number 3-06-0146-054-2024, was $1,762,875. The grant required a sponsor match of $181,615, bringing the total funds available for this project to $1,944,490. The funds available are sufficient to cover the cost of this proposed construction management contract, as well as the project construction, and Town administrative expenses.
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Authorize the Town Manager to execute a task order with Triad/Holmes Associates for testing and inspection services at the Town Civic Center construction project as part of the existing On-Call Services Agreement, in the amount of $191,313.
Council Meeting Date: 8/21/2024
Prepared by: Amy Callanan, PE, Engineering Manager
Recommended Motion: 1. Authorize the Town Manager to execute a task order with Triad/Holmes Associates for testing and inspection services at the Town Civic Center construction project as part of the existing On-Call Services Agreement, in the amount of $191,313, and; 2.
Authorize the Public Works Director to review and approve minor revisions to the Task Order to complete the project, up to an additional 10% of the original agreement amount.
Summary: Construction on the Town Civic Center began on August 1, 2024 with clearing and grubbing operations and is proceeding through rough grading work. The project will soon need various material, laboratory and field testing and inspections which are required by the specifications. The Town is responsible for providing these services, which are typically provided by a qualified testing and inspection agency. Staff is recommending contracting with Triad/Holmes Associates and their subconsultant Sierra Geotechnical Services, Inc. (SGSI) under the attached Task Order, for a cost not to exceed $191,313 in accordance with the fee schedule also attached.
Attachments:
Triad Task Order 2024-1
Triad Task Order 2024-1 1
Town Civic Center Testing & Inspection Services
______________________________________________________________________________ Triad TASK ORDER 2024-1
of 2024 On-Call Civil Engineering Services Agreement
Date: August 14, 2024
Contract No:
Consultant: Triad/Holmes Associates (with SGSI as sub-consultant) Project Title: Town Civic Center Testing and Inspection Services A. PROJECT DESCRIPTION AND BACKGROUND INFORMATION
Triad/Holmes Associates will provide materials testing and inspection services during the construction of the Town Civic Center. The testing and inspection services will be performed by Sierra Geotechnical Services, Inc (SGSI) who will be a sub-consultant to Triad.
B. SCOPE OF SERVICES
• Provide field and laboratory testing and inspection services in accordance with the project plans and specifications, including but not limited to the following:
o Daily Inspection Reports (DIRs) and Final Report
o Concrete, grout and mortar
o Building pad, foundations, trenching and other site work o Hot mix asphalt (HMA)
o Welding, bolting, rebar, anchors, fire proofing
• Rates will abide by prevailing wage and the attached SGSI proposal (Exhibit B). • Tests and inspections not included in this scope will be charged according to the 2024 schedule of fees (Exhibit B).
C. TOWN PROVIDED DOCUMENTS/SERVICES
The Town and the Contractor (AMG & Associates, Inc.) will coordinate with Triad and SGSI for scheduling the services. The Contractor will provide safe and adequate access to perform the testing and inspection.
D. PROPOSED PROJECT SCHEDULE
Beginning of Construction August 1, 2024
Project completion and Report completion August 1, 2026 Public Works Department
P.O. Box 1609, Mammoth Lakes, CA, 93546
(760) 965-3650
www.townofmammothlakes.ca.gov
Triad Task Order 2024-1 2
Town Civic Center Testing & Inspection Services
E. CONTACT PERSON
Amy Callanan, PE
Engineering Manager
760-965-3657
[email protected]
IN WITNESS WHEREOF, this Task Order has been executed under the provisions of the 2024 On-Call Civil Engineering Services Agreement between the Town of Mammoth Lakes and Triad/Holmes Associates that was executed on XXX. By the signatures below, the parties hereto agree that all terms and conditions of this Task Order and previously agreed upon On Call Service Agreement shall be in full force and effect.
_______________________ ______________
Robert Patterson Date
Town Manager
Town of Mammoth Lakes
_______________________ ______________
Tom Platz Date
Triad/Holmes Associates
Triad Task Order 2024-1 3
Town Civic Center Testing & Inspection Services
EXHIBIT A
(Fee)
The total cost to complete the work within the Scope of Services shall not exceed $191,313 without written authorization, with Additional Work billed on a Time and Materials basis. Fee will be billed based on the SGSI proposal and fee schedule attached as EXHIBIT B.
Triad Task Order 2024-1 4
Town Civic Center Testing & Inspection Services
EXHIBIT B
(SGSI Proposal and Fee Schedule)
1 TOWN COUNCIL STAFF REPORT
Title: Appeal of Enforcement Charges and Administrative Citations for TOT Enforcement at 246 Canyon Blvd Mammoth Lakes California 93546.
Meeting Date: August 21, 2024
Prepared by: Rob Patterson – Town Manager
RECOMMENDATION:
Make a finding of noncompliance with the Town of Mammoth Lakes Municipal Code and uphold the Notice of Determination amount due of $3,614.88 for TOT, tax fraud, penalties, interest, and enforcement charges. Judgement from the hearing officer for administrative citations is included in this amount.
BACKGROUND:
Chapter 3.12 of the Municipal Code established the Uniform Transient Occupancy Tax ordinance for the Town of Mammoth Lakes. This enforcement case is a zoning violation, meaning the operator is conducting business in an area not zoned for transient rental but is subject to the Municipal Code regarding the remittance of transient occupancy tax.
Enforcement of the Municipal Code is a primary function of the Revenue team to preserve a transparent and equitable business environment.
Section 5.04.110 - Evidence of conducting business.
When any person shall by use of any promotional media—including but not limited to print, audio, visual, or electronic media including websites, web marketing, advertising or promotional websites, social media, or traditional promotional methods, including but not limited to signs, circulars, bills, cards, telephone books, or newspapers—promote, market, advertise, hold out or represent that they or an entity they own, operate, manage, or control are in business in the town, or when any person holds an active license or permit issued by a governmental agency indicating that they are in business in the town, and such person fails to deny by a sworn statement given to the collector that they are not conducting a business in the town, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that they are conducting a business in the town.
Additionally, the Town Municipal Code includes the Quality-of-Life Ordinance found in section 5.40 which regulates transient rentals and states:
5.40.020 - Permitted use.
Transient use of residential property shall be permitted as allowed by Title 17, Zoning.
Transient uses shall comply with all applicable codes including the California Building Code and the California Residential Code and local amendments.
2 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.
ANALYSIS/DISCUSSION:
March 2023, an online advertisement was identified by Town staff soliciting for transient rental in the Residential Single Family (RSF) zone. The advertisement had 3 reviews in the months of November 2022, December 2022, and January 2023.
April 2023, Town staff conducted a sting booking of the unit that was confirmed for a single night. The total paid for the booking was $488.25 and included line items for 13% tax, $59.00 in Property Damage Protection, and a $125.00 cleaning fee.
April 7, 2023, an initial administrative citation totaling $1,500.00 was sent both first class and certified mail to the address on file with the Mono County Assessor’s office. The administrative citation was also posted on the property. Instructions on the administrative citation clearly state to correct the violation the operator must, immediately cease advertising for transient rentals as well as renting the property on a transient basis. Cancel all future transient rentals. Pay in full past due transient occupancy tax, TBID, all fines, penalties, interest, and enforcement charges.
April 26, 2023, due to being unable to collect the online rental platform records and revenue statements for the time-period requested, an additional administrative citation for $3,000.00 was sent both first class and certified mail as well as posted on the property.
With the absence of actual rentals revenues available to Town staff, an assessment of owed transient occupancy tax, tax fraud, penalties, interest, administrative citations, and enforcement charges was conducted. The second citation and assessment were posted on the property.
October 2023, after continuing to work with the operator for over 5 months, Town staff was able to collect the online rental platform booking records and revenue statement.
Illegal transient rental activity was confirmed at the property for the months of November 2022, December 2022, and January 2023, totaling $3,902.00. A Notice of Determination (NOD) was issued totaling $5,864.88.
January 10, 2024, an appeal of the administrative citations was requested by the operator and conducted by Hearing Officer Haislip Hayes. The Hearing Officer found it prudent to reduce the administrative citations from $4,500.00 to $2,250.00.
January 18, 2024, a Notice of Determination was issued reflecting the Hearing Officers findings. The details of the final NOD issued are below.
3 OPTIONS ANALYSIS
Option 1: Make a finding of noncompliance with the Town of Mammoth Lakes Municipal Code and uphold the Notice of Determination and judgement of the administrative citation hearing officer in the amount of $3,614.88.
Option 2: Make alternate findings and direct Town staff accordingly.
FINANCIAL CONSIDERATIONS:
The Town of Mammoth Lakes relies on transient occupancy tax for more than 60% of its General Fund, without which it would not be able to provide services such as snow removal, recreation programming, and road maintenance. Operators of illegal transient rental properties are not only failing to contribute funds necessary for the Mammoth Lakes community to thrive but are taking away potential business from operators who are following the Town laws. To waive penalties, interest, enforcement charges, and/or administrative citations routinely would result in a significant loss of revenue and likely increase tax collection efforts and enforcement difficulties.
LEGAL CONSIDERATIONS:
The Town’s Municipal Code does not authorize the Tax Collector to waive or reduce tax, penalties, interest, enforcement charges, or administrative citations that is due to the Town.
The Town Council is acting in a semi-judiciary capacity and may reduce, increase or amend the recommendation of the Tax Collector.
Administrative Citations - Post Appeal Hearing
$ 500.00
$ -
$ 3,614.88
Tax Fraud
Actual Rental Revenue from Summaries
Transient Occupancy Tax
Penalties and Interest
Enforcement Charges
Payment Received
Total Due
NOTICE OF DETERMINATION
$ 3,902.00
$ 507.26
$ 230.80
$ 126.82
$ 2,250.00 Page 45 of 56
From: Rob Patterson
To: Rob Patterson
Subject: FW: Your reservation has been confirmed
Date: Tuesday, June 25, 2024 3:46:07 PM
From: Vrbo <[email protected]>
Date: Thu, Apr 6, 2023 at 3:45 PM
Subject: Your reservation has been confirmed
To: kim Getchell
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Property #2772753
Reservation ID HA-031D7Q
Arrive Apr 28, 2023
Depart Apr 29, 2023
Nights 1
Guests 2 adults
Charges
$225.00 x 1 night $225.00
Cleaning Fee $125.00
Service Fee $50.00
Property Damage Protection $59.00
Tax $29.25
Total $488.25
Due on April 6, 2023 Paid $488.25
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Eileen Rains
P.O. Box 2602 Starting Month Nov-22
Mammoth Lakes, CA 93546
Nov-22 $ 1,080.00 $ 140.40 $ 35.10 $ 21.06 $ 21.06 $ 23.17 $ 240.79 Dec-22 $ 380.00 $ 49.40 $ 12.35 $ 10.00 $ 10.00 $ 7.41 $ 89.16 Jan-23 $ 2,442.00 $ 317.46 $ 79.37 $ 47.62 $ 47.62 $ 42.86 $ 534.93 Totals $ 3,902.00 $ 507.26 $ 126.82 $ 78.68 $ 78.68 $ 73.44 $ 864.88 Administrative citations $ 2,250.00
$ 500.00
$ -
$ 3,614.88
January 18, 2024
Payment already received
Enforcement charges
Total remaining due
Tax Fraud
Notice of Determination: 246 Canyon Blvd Mammoth Lakes California 93546 Tax Period 1st Month
Penalty
Rental
Revenue TOT Due Interest Total Due 2nd Month Penalty
FINANCE DEPARTMENT
P. O. Box 1609
Mammoth Lakes, CA 93546
Phone: (760) 965-3660
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Consider Ordinance adopting and enacting a new Municipal Code for the Town of Mammoth Lakes.
Council Meeting Date: 8/21/2024
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Waive the reading and introduce by title only the ordinance adopting and enacting a new Municipal Code for the Town of Mammoth Lakes; providing for the repeal of certain ordinances not included therein; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective.
Summary: Last year, the Town contracted with Municode for Municipal Code recodification services. The goal of the recodification is to create a well-organized and professionally edited Municipal Code that is free from internal conflicts and inconsistencies; free of errors on spelling and grammar; formatted in a manner that allows for continued growth and expansion; and in conformance with State law. In addition, the Town added a service for gender neutralization of the Code.
During the recodification process, Town staff, including the Town Attorney, reviewed the Code in its entirety. Town staff recommended to Municode the deletion of redundant and no longer applicable sections and chapters and re-wrote certain sections and chapters to comply with the Town’s current practices. Town staff also recommended grouping certain sections together so that topics would be readily accessible in one area of the Code.
The entire Code is available in the Town Clerk’s Office for review. Once the Code is approved by the Town Council, Municode will update the Town’s website to link to the current, approved version of the Code.
ORDINANCE NO. 24-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
MAMMOTH LAKES, STATE OF CALIFORNIA, ADOPTING AND
ENACTING A NEW CODE FOR THE TOWN OF MAMMOTH LAKES,
CALIFORNIA; PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE
MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN
SUCH CODE AND THIS ORDINANCE SHALL BECOME
EFFECTIVE
BE IT ORDAINED BY THE TOWN COUNCIL:
Section 1. The Code entitled "Town of Mammoth Lakes Municipal Code," published by Municode, consisting of titles 1 through 18, each inclusive, on file in the Town Clerk’s office and incorporated herein by reference, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before March 20, 2024, which were included in the Municipal Code as it existed prior to the effective date of this ordinance, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance, nor to repeal any ordinance which was not codified as part of the Municipal Code, including without limitation any ordinance submitting a tax measure to the voters and any uncodified ordinance pertaining to military equipment.
Section 4. Additions or amendments to the Code when passed in such form as to indicate the intention of the Town Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Ordinance No. 24-
Section 5. Ordinances adopted after March 20, 2024, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.
Section 6. This ordinance shall become effective 30 days after the adoption of this ordinance.
Passed and adopted this 4th day of September, 2024.
___________________________________
BILL SAUSER, Mayor
ATTEST:
____________________________________
JAMIE GRAY, Town Clerk
Agenda Item ________
File No. ____________
AGENDA BILL
Subject: Councilmember Reports
Initiated by: Jamie Gray
______________________________________________________________________ BACKGROUND:
Each member of the Town Council is appointed to serve as a Town representative to a number of committees, commissions, and organizations.
These groups meet infrequently and from time to time the representatives will report to the rest of the Council at a regularly scheduled meeting.
In addition, Councilmembers on occasion participate in meetings, conferences and seminars, and their reports on these educational opportunities are of benefit to the rest of the Council.
ANALYSIS/DISCUSSION:
California Government Code requirements pertaining to the open meeting act stipulate that all items for discussion must be listed on the agenda before the matter can be discussed and/or acted upon. To meet this requirement, and the intent of the Brown Act, Councilmember Reports are listed on each agenda to allow representatives to report to the rest of the Council at these meetings.
The following is a list of the commission/committees on which members of the Council serve:
Land Use:
Local Agency Formation Commission (LAFCO) – Rea, Rice, and Bubser as alternate
Airport Land Use Commission – Rea, Rice, and Bubser as the alternate Mono County Collaborative Planning Team (CPT) – Senior Planner Kim Cooke and Rice as alternate
Intergovernmental Relations:
Town and County Liaison Committee – Sauser, Bubser, and Town Manager and Rea as alternate
Desert Mountain Division of the League of California Cities – Sauser and Town Manager as alternate
Eastern Sierra Council of Governments (ESCOG) – Bubser, Wentworth, and Sauser as alternate
Great Basin Unified Air Pollution Control District – Wentworth and Bubser as alternate
League of California Cities City Voting Delegate – Sauser and the Town Manager as the alternate
California Joint Powers Insurance Authority Board – Rea and Assistant to the Town Manager as alternate
Transportation:
Local Transportation Commission (LTC) – 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.