Town Council Agenda
Wednesday, August 6, 2025, 2:30 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:
Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, 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. GROUNDBREAKING CEREMONY
1.1 The Town Council will participate in a groundbreaking ceremony for the McCoy Arts and Cultural Center (MACC) and a tour of the Edison Theatre renovations at 100 College Parkway.
2. CALL TO ORDER AND ROLL CALL
The call to order will start at 4:00 p.m.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
The Public Comment portion of the agenda provides the public with an opportunity to address the Town Council on matters not otherwise listed on the agenda. Under California law the Town Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the Town Council may briefly respond to comments or questions from members of the public. Therefore, the Town Council will listen to all public comment, but will not generally discuss the matter or take action on it. Requests for service from the Town may also be made at the Town offices during regular business hours.
Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration.
5. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.
6. INTRODUCTIONS
6.1 Introduce new Equipment Mechanic Rigoberto Lemus Briviesca.
6.2 Introduce new Permit Technician Trever Mann.
6.3 Introduce new Senior Accounting Assistant Darryl Vigil.
7. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED)
7.1 August 2025 Public Works Engineering CIP Update.
8. CONSENT AGENDA
8.1 Approve the minutes of the regular meeting of July 16, 2025.
8.2 Approve findings to continue the authorized emergency replacement of the Whitmore Pool roof as provided for in Resolution No. 25-47.
8.3 Approve findings to continue the authorized emergency installation of an aboveground waste oil tank as provided for in Resolution No. 25-48.
8.4 Accept Check Register 7/10/25 in the amount of $2,452,203.12. Accept Check Register 7/11/25 in the amount of $1,634,976.60. Accept Check Register 7/17/25 in the amount of $1,456,606.85.
9. POLICY MATTERS
9.1 Award Task Order for McCoy Arts and Cultural Center (MACC) testing and inspections to Triad/Holmes Associates.
9.2 Award the contract for the Mammoth Yosemite Airport Multipurpose Building - Site Work Phase 1 Project to Meyers Earthwork, Inc. in the amount of $2,250,260.00.
9.3 Consider approval of an amendment to the Mammoth Lakes Housing, Inc. professional services agreement to extend the term of the agreement to December 31, 2025.
9.4 Authorize purchase of Hangar at Mammoth Yosemite Airport for storage of Town equipment.
10. COUNCILMEMBER REPORTS
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities.
11. CLOSED SESSION
11.1 Pursuant to Government Code Section 54957.6.(a), Conference with Labor Negotiators, the Town Council will meet with its representatives, Town Manager Rob Patterson, Community and Economic Development Director Nolan Bobroff, Human Resources Manager
Amanda Pelham, and Jack Hughes, Partner with Liebert Cassidy Whitmore, with respect to the following Employee Organizations: Mammoth Lakes Police Officers Association.
12. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
13. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, August 20, 2025 at 4:00 p.m.
1 TOWN COUNCIL STAFF REPORT
Title: August 2025 Public Works Engineering CIP Update.
Meeting Date: August 6, 2025
Prepared by: Amy Callanan, PE, Engineering Manager
RECOMMENDATION:
Accept the August 2025 Public Works Engineering CIP Update. *** Text shown in bold has changed from the previous update *** Project Notes Budget
CRC “Phase 2” - Interior TI
Work
All work is now substantially complete. $2M
The Parcel Phase 2
“Kingfisher 1”
Work continues on building foundations, underground utilities and perimeter site retaining walls.
$46M (Kingfisher 1)
TBD (Kingfisher 2)
Town Civic Center Concrete slabs and foundations are complete. Metal framed walls and plumbing are under construction. Mechanical ductwork and site electrical conduits continue to be installed.
$33M
Mammoth Creek Park West
(CRC)
Concrete foundations for the shade structures and climbing boulder are complete, with installation expected this month.
$500K
Mammoth Arts & Cultural
Center (MACC)
A groundbreaking ceremony is being held on the afternoon of August 6. The contractor is starting utility work.
$17M
Airport Reconstruct GA and
Terminal Parking Lot
The project is substantially complete. $2M
2025 Road & MUP
Rehabilitation
The project is scheduled to start on July 28 with the lowering of utility lids.
Work the roads and intersections will be done starting August 4, with work on the MUPs toward the end of August after school starts. $3M
2025 Slurry Seal The project is substantially complete. $560K 2025 Misc Concrete and
Facility Work
Concrete foundations for the shade structures and climbing boulder at Mammoth Creek Park are complete, and reconstruction of portions of curb and gutter along Meridian is under way.
$586K
Airport Tee-Hangar Taxilane
Rehabilitation
Design is in progress and is expected to be completed this year, with the intention of going out to bid early in 2026 for construction next summer. $229K (design)
2 Airport Multipurpose
Building Phase 1 – A3
Taxiway & Site Work
This project serves to improve mobility for hangar users, while preparing for construction of the Multipurpose building. Several bids were received and there is an apparent low bidder. The FAA is currently reviewing the Grant Application and typically provides approval or denial in August. The project will be awarded if grant funds are available.
$2.25M (Phase 1)
Airport Multipurpose
Building (ARFF and SRE)
Phase 2
Staff is working to submit plans to building for a building permit. A funding request has been submitted to the FAA and feedback should be provided on eligibility in the new few weeks or months. We will continue to work towards a shovel ready project while we await FAA feedback.
TBD
Main Street MUP Survey and design work is in progress, and should be completed this year, however construction funds or schedule have not yet been identified. ~$200K (design)
Shady Rest Restroom Design should be completed this year, with the intent of going out to bid in early 2026 for construction next summer.
~$200K (design)
Minaret/Meridian
Roundabout
Survey and design work is in progress, and should be completed this year, however construction funds or schedule have not yet been identified. $392K (design)
The Parcel Phase 3
(homeownership)
Infrastructure design is in progress, and is expected to be completed this summer, and site preparation may begin as early as this fall. $62K (design)
Mountain Blvd Crosswalk
HSIP Project
The Town was awarded $350k of grant funding to provide a pedestrian activated crosswalk at the intersection of Main St/SR 203 and Mountain Blvd.
Additional funds need to be identified in order to construct the project in the future, likely in coordination with the S Main MUP project. $350k+
Parks & Trails Signage Staff is working on a bid package for 4 new monument signs to be located at the Parcel, CRC/Mammoth Creek Park, Dog Park, and Shady Rest. We expect to go out to bid later this summer.
~$100K
CRC Patio Railing Staff is working on a request for proposals (RFP) for design and construction of a decorative railing at the patio between the CRC and Mammoth Creek Park playground. We expect to release the RFP in the next month. Construction schedule is TBD.
~$65K
Childcare TI (Interior Fitout)Design is in progress for the fit-out of the interior of the recently constructed Childcare Center core and shell located at 100 College Parkway, with the goal of opening for operations in August 2026. We expect to go out to bid this fall or winter, for construction next spring or summer. The details of facility operation and management are also in progress.
$195K (design)
Town Council of Mammoth Lakes
Minutes of Regular Meeting
July 16, 2025, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax,
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.
2. PLEDGE OF ALLEGIANCE
Police Chief Dan Casabian led the flag salute.
3. PUBLIC COMMENTS
Brianna Goico, President & CEO of the Mammoth Lakes Chamber of Commerce, gave an update regarding current Chamber activities.
Betsy Truax, Mammoth Lakes Tourism (MLT) Vice President of Community Engagement, showed the posters for the new marketing campaign and announced information regarding the upcoming Community Coffee.
Town Council Minutes
July 16, 2025
4. ADDITIONS TO THE AGENDA
There were no additions to the agenda.
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Office of Outdoor Recreation Manager Lawson Reif gave an update regarding current office of outdoor recreation activities.
Parks and Recreation Director Stuart Brown gave an update regarding current parks and recreation activities.
Finance Director Megan Chapman gave an update regarding the launch of the Certified Properties App.
6. PUBLIC PRESENTATIONS
6.1 Presentation from Hunden Partners to commence work on the Destination Stewardship Plan initiative.
Bethanie DeRose, Hunden Partners Executive Vice President, gave a presentation regarding the Destination Stewardship Plan initiative. There was discussion among members of Council and Ms. DeRose.
7. STAFF PRESENTATIONS
7.1 Presentation of Sales Tax Analysis for the Town of Mammoth Lakes provided by HdL Companies
Finance Director Megan Chapman introduced Bobby Young, HdL Client Services Director. Mr. Young gave a presentation regarding sales tax trends. There was discussion among members of Council, staff, and Mr.
Young.
8. CONSENT AGENDA
Town Manager Rob Patterson requested that Agenda items 8.3 and 8.4 be removed from the consent agenda for separate discussion.
Moved by Councilmember Bill Sauser
Seconded by Councilmember John Wentworth
Approve the Consent Agenda.
For (5): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, and Councilmember John Wentworth
Town Council Minutes
July 16, 2025
Carried (5 to 0)
8.1 Approve the minutes of the regular meeting of July 2, 2025.
8.2 Accept the Project Closeout Report for Volcom Brothers Skate Park Maintenance.
8.3 Approve the resolution finding emergency circumstances justify the award of an emergency contract for replacement of the Whitmore Pool roof.
This item was removed from the consent agenda for separate discussion.
Public Works Director Haislip Hayes outlined the information in the staff report for Agenda Items 8.3 and 8.4. There was discussion among members of Council and staff.
Moved by Councilmember Bill Sauser
Seconded by Councilmember John Wentworth
Approve the resolution finding emergency circumstances justify the award of an emergency contract for replacement of the Whitmore Pool roof.
For (5): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, and Councilmember John Wentworth
Carried (5 to 0)
8.4 Approve the resolution finding emergency circumstances justify the award of an emergency contract for installation of an above-ground waste oil tank at 299 Commerce Drive.
This item was removed from the consent agenda for separate discussion.
Moved by Councilmember Bill Sauser
Seconded by Councilmember John Wentworth
Approve the Resolution finding that emergency circumstances justify awarding a contract for installation of an above-ground waste oil tank and decommissioning of the existing, noncompliant underground waste oil tank.
Town Council Minutes
July 16, 2025
For (5): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, and Councilmember John Wentworth
Carried (5 to 0)
8.5 Approve the agreement with Whitebark Institute for Town funding ($610,000) to ensure that high-priority fuel reduction activities can proceed to mitigate wildfire risk near the Town of Mammoth Lakes.
8.6 Approve the resolution authorizing the temporary closure of Town roads for the Mammoth Festival of Beers and Bluesapalooza.
8.7 Accept Check Register 6/26/25 in the amount of $386,275.83. Accept Check Register 7/3/25 in the amount of $1,890,502.27.
9. POLICY MATTERS
9.1 Ordinance to Renew Town’s Military Use Policy.
Police Chief Dan Casabian outlined the information in the staff report.
There was discussion among members of Council and staff.
Moved by Councilmember Bill Sauser
Seconded by Councilmember Brent Truax
Approve the possession or use of any military equipment through the Town Council’s passing of an ordinance renewing the Town’s Military Equipment Use Policy pursuant to Government Code Section 7071 (AB 481) at the next, regular, open meeting.
For (5): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, and Councilmember John Wentworth
Carried (5 to 0)
10. COUNCILMEMBER REPORTS
Councilmember Sauser attended Fourth of July events.
Councilmember Truax attended Fourth of July events.
Mayor Pro Tem Rice attended the ribbon cutting ceremony for Eastern Sierra Counseling and the Eastern Sierra Community Housing Board meeting.
Town Council Minutes
July 16, 2025
There was discussion among members of Council and staff regarding power outages and road closures for construction.
Councilmember Wentworth attended the Great Basin Unified Air Pollution Control District meeting, the Fourth of July Parade, and met with Hunden Partners regarding the destination management initiative.
Mayor Bubser attended the California Climate and Energy Conference.
11. CLOSED SESSION
11.1 Pursuant to Government Code Section 54957.6.(a), Conference with Labor Negotiators, the Council will meet with its representatives, Town Manager Rob Patterson, Community and Economic
Development Director Nolan Bobroff, and Human Resources Manager Amanda Pelham with respect to the following Employee Organizations: Mammoth Lakes Police Officers Association.
At 5:52 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.
12. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 6:30 p.m. and announced that there was no reportable action taken.
13. ADJOURNMENT
The Council adjourned the meeting at 6:30 p.m.
Jamie Gray, Town Clerk
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Update and Request Approval to Continue Emergency Replacement of Whitmore Pool Roof
Council Meeting Date: 8/6/2025
Prepared by: Riley Griesenbeck, Facilities and Asset Manager Amy Callanan, Engineering Manager
Recommended Motion: Approve findings to continue the authorized emergency replacement of the Whitmore Pool roof as provided for in Resolution 25-47. This action requires a 4/5ths vote.
Summary: The Whitmore Pool roof was damaged on May 13th, 2025, by a severe wind event. On July 16th, 2025, the Council adopted Resolution 25-47 authorizing the emergency replacement of this roof through the procurement of the necessary materials, equipment, and services for the repair without a competitive bidding process. On July 17th, 2025, the Contractor’s contract was executed and the materials needed for this replacement were ordered. Estimated delivery of these materials is August 8th, 2025, with removal and replacement to follow shortly after. The need for the work authorized by Resolution 25-47 continues to be necessary. A copy of the resolution is attached here for reference.
RESOLUTION 25- 47
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, FINDING THAT EMERGENCY
CIRCUMSTANCES JUSTIFY AWARDING A CONTRACT FOR REPAIR OF
THE WIND -DAMAGED WHITMORE POOL ROOF
WITHOUT COMPETITIVE BIDDING
WHEREAS, California law generally requires the Town to award contracts for public projects" in excess of $1, 000 to the lowest bidder after the completion of a competitive bidding process; and
WHEREAS, Public Contract Code Section 20168 provides that in case of emergency the Town Council may pass a resolution by a four -fifths vote declaring that the public interest and necessity demand the immediate expenditure of Town funds to safeguard life, health, or property, and that if such a resolution is adopted the Town may expend any sum required in the emergency without complying with competitive bidding requirements; and
WHEREAS, Public Contract Code Section 22050 authorizes the Town Council, with a four -fifths vote, to " repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts" ifthe Town Council finds, based upon substantial evidence, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency; and
WHEREAS, the Mammoth Lakes Whitmore Pool experienced extreme and unexpected damage due to a wind event on May 131h, 2025; and WHEREAS, the wind event caused significant damage to Town facilities and infrastructure including asphalt shingles, drip edge, fascia and other building components; and
WHEREAS, the Town Council finds that as a result ofthe wind -caused damage to the Mammoth Lakes Whitmore Pool and pursuant to Public Contract Code Section 20168 the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, safety, and property in the Town of Mammoth Lakes; and
WHEREAS, the Town Council finds that based on substantial evidence, including without limitation the staff report presented to the Town Council on July 16, 2025, pursuant to Public Contract Code Section 22050, the emergency will not permit a delay resulting from a competitive solicitation for bids, and that responding to the emergency requires repair of public facilities and infrastructure, other directly related and immediate actions, and procurement of the necessary equipment, services, and supplies for those purposes, without a competitive bidding process.
Resolution No. 25- 47
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth Lakes as follows:
Section 1. The foregoing recitals are true and correct and incorporated herein by reference.
Section 2. The Town Council hereby directs and authorizes the Town Manager and Public Works Director to contract for repairs to the Mammoth Lakes Whitmore Pool damaged by a wind event on May 13th, 2025, to take any directly related action, and to procure the necessary equipment, services, and supplies for the repairs, without a competitive bidding process.
Section 3. Pursuant to Public Contract Code Section 22050, the Town Council shall review the emergency action authorized by this resolution at its next regular meeting and at each regular meeting thereafter until the emergency repair work is complete, to determine, by a four -fifths vote, that there is a need to continue the action.
Section 4. The Town Clerk shall certify as to the adoption of this resolution.
APPROVED AND ADOPTED this 16th day c
ATTEST:
Q>
JANOE GRAY, Town C rk
STATE OF CALIFORNIA )
COUNTY OF MONO ) ss.
TOWN OF MAMMOTH LAKES)
I, JAMIE GRAY, Town Clerk of the Town of Mammoth Lakes, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. 25- 47 adopted by the Town Council of the Town of Mammoth Lakes, California, at a meeting thereof held on the 161h day of July 2025, by the following vote:
AYES: Councilmembers Sauser, Truax, Wentworth, Mayor Pro Tem Rice, and Mayor Bubser
NOES: None
ABSENT: None
ABSTAIN: None
DISQUALIFICATION: None
IE GRAY,
Mammoth Lakes Town Council
Agenda Action Sheet
Title: Update and Request Approval to Continue Emergency Installation of Aboveground Waste Oil Tank at 299 Commerce Drive.
Council Meeting Date: 8/6/2025
Prepared by: Riley Griesenbeck, Facilities and Asset Manager Amy Callanan, Engineering Manager
Recommended Motion: Approve findings to continue the authorized emergency installation of an aboveground waste oil tank as provided for in Resolution 25-48. This action requires a 4/5ths vote.
Summary: At the Town Yard, located at 299 Commerce Drive, the Town operates an underground waste oil storage tank. This tank is currently out of compliance with numerous sections of the California State Health and Safety Code. Staff was notified about these violations by the Mono County Office of Environmental Health on December 9th, 2024, which listed a total of 6 class 2 violations associated with this tank. The Town, in discussions with Mono County Office of Environmental Health and contractors, determined that the best solution to remedy the violations and maintain the high level of service at the Town Yard is to install an indoor, above-ground waste oil storage tank and decommission the existing underground tank. On July 16th, 2025, the Council adopted Resolution 25-48 authorizing the emergency installation of this aboveground waste oil tank and temporary decommissioning of the current, out of compliance, underground waste oil storage tank through the procurement of the necessary materials, equipment, and services for the scope of work without a competitive bidding process. On July 17th, 2025, the Contractor’s contract was executed and the materials needed for this replacement were ordered. Estimated delivery of these materials is by September 19th, 2025, with site preparation work to occur prior to equipment delivery and installation and commissioning to occur directly after delivery. Town staff are actively working with the Mono County Office of Environmental Health on all required permitting. The need for the work authorized by Resolution 25-48 continues to be necessary. A copy of the resolution is attached here for reference.
RESOLUTION 25- 48
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH
LAKES, STATE OF CALIFORNIA, FINDING THAT EMERGENCY
CIRCUMSTANCES JUSTIFY AWARDING A CONTRACT FOR
INSTALLATION OF AN ABOVE - GROUND WASTE OIL STORAGE TANK
AND DECOMMISSIONING OF EXISTING, NONCOMPLIANT
UNDERGROUND STORAGE TANK
WHEREAS, California law generally requires the Town to award contracts for public projects" in excess of $1, 000 to the lowest bidder after the completion of a competitive bidding process; and
WHEREAS, Public Contract Code Section 20168 provides that in case of emergency the Town Council may pass a resolution by a four -fifths vote declaring that the public interest and necessity demand the immediate expenditure of Town funds to safeguard life, health, or property, and that if such a resolution is adopted the Town may expend any sum required in the emergency without complying with competitive bidding requirements; and
WHEREAS, Public Contract Code Section 22050 authorizes the Town Council, with a four -fifths vote, to " repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts" ifthe Town Council finds, based upon substantial evidence, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency; and
WHEREAS, the existing underground waste oil storage tank at the Mammoth Lakes Town Yard is out of compliance with state and county health and safety codes; and WHEREAS, the existing storage tank must be removed and replaced with an aboveground storage tank to bring the Town of Mammoth Lakes into compliance with state and county health and safety codes; and
WHEREAS, the Town Council finds that due to the current noncompliance of the waste oil storage tank and pursuant to Public Contract Code Section 20168 the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, safety, and property in the Town of Mammoth Lakes; and WHEREAS, the Town Council finds that based on substantial evidence, including without limitation the staff report presented to the Town Council on July 16, 2025, pursuant to Public Contract Code Section 22050, the emergency will not permit a delay resulting from a competitive solicitation for bids, and that responding to the emergency requires repair of public facilities and infrastructure, other directly related and immediate actions, and procurement of the necessary equipment, services, and supplies for those purposes, without a competitive bidding process.
Resolution No. 25- 48
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth Lakes as follows:
Section 1. The foregoing recitals are true and correct and incorporated herein by reference.
Section 2. The Town Council hereby directs and authorizes the Town Manager and Public Works Director to contract for installation of an aboveground waste oil storage tank and appurtenant fixtures, to take any directly related action, and to procure the necessary equipment, services, and supplies for the repairs, without a competitive bidding process.
Section 3. Pursuant to Public Contract Code Section 22050, the Town Council shall review the emergency action authorized by this resolution at its next regular meeting and at each regular meeting thereafter until the emergency repair work is complete, to determine, by a four -fifths vote, that there is a need to continue the action.
Section 4. The Town Clerk shall certify as to the adoption of this resolution.
APPROVED AND ADOPTED this 161h day of
ATTEST:
JA E GRAY, Town Cl Ark
STATE OF CALIFORNIA )
COUNTY OF MONO ) ss.
TOWN OF MAMMOTH LAKES)
I, JAMIE GRAY, Town Clerk of the Town of Mammoth Lakes, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. 25- 48 adopted by the Town Council of the Town of Mammoth Lakes, California, at a meeting thereof held on the 161h day of July 2025, by the following vote:
AYES: Councilmembers Sauser, Truax, Wentworth, Mayor Pro Tem Rice, and Mayor Bubser
NOES: None
ABSENT: None
ABSTAIN: None
DISQUALIFICATION: None
JA IE GRAY, Town C rk
1 TOWN COUNCIL STAFF REPORT
Title: Award Task Order for McCoy Arts and Cultural Center (MACC) testing and inspections to Triad/Holmes Associates.
Meeting Date: August 6, 2025
Prepared by: Amy Callanan, PE, Engineering Manager
RECOMMENDATION:
1. Authorize the Town Manager to execute a task order with Triad/Holmes Associates for testing and inspection services at the MACC construction project as part of the existing On-Call Services Agreement, in the amount of $169,000, and;
2. Authorize the Public Works Director to review and approve minor revisions to the Task Order to complete the project, within the project funding allocation.
BACKGROUND:
The MACC is an approximately 7,482 square-foot addition to the existing Edison Theater located at 100 College Parkway, including a single-story, 239-seat performing arts theatre with support spaces, a new trash enclosure, reconfiguration of the existing parking lot, and other site improvements such as walkway connections and landscape/revegetation of the disturbed site. The construction contract for the MACC was awarded on July 2, 2025 to Spiess Construction Co., Inc. The contract has been executed and a Notice to Proceed was issued on July 14, 2025.
The project will soon need various material, laboratory and field testing and inspections which are required by the Building Code and the specifications. As owner, the Town is responsible for providing or contracting for these services, which are typically provided by a qualified testing and inspection agency. Staff recommend contracting with Triad/Holmes Associates and their subconsultant Sierra Geotechnical Services, Inc. (SGSI) under the attached Task Order,
ANALYSIS:
The task order with Triad would be executed under their current on-call contract for civil engineering and consultant services. The on-call contract was executed in September 2024 following a competitive RFQ/RFP process during which many consultants submitted proposals and were selected based on professional qualifications.
FINANCIAL CONSIDERATIONS:
The testing and inspection services are proposed to be contracted for a cost not to exceed of $169,000 in accordance with the fee schedule also attached. These services were originally budgeted to cost $200,000. The total estimated project cost, including
2 construction contract, testing and inspections, off-site utility work, and miscellaneous furnishings and fees, is $17,214,000
The MACC project is currently fully funded as follows:
Funding Source Amount
Kern Community College District $ 7,500,000
Mammoth Lakes Foundation $ 3,000,000
Tambour Foundation donation $ 500,000
Edison Hall Improvements $ 100,000
General Fund / Measure U $ 5,820,000
Future Capital Fund 980 $ 300,000
TOTAL $ 17,220,000
ENVIRONMENTAL CONSIDERATIONS:
Pursuant to the California Environmental Quality Act (CEQA), the project was included in the scope of development analyzed in the November 2023, Addendum to the Mammoth Arts and Cultural Center Initial Study/Mitigated Negative Declaration (State Clearinghouse No. 2019012023) which determined the revised MACC project design would not result in any new environmental impacts that were not previously analyzed in the approved IS/MND.
ATTACHMENTS:
Draft Triad Task Order 2024-7
Triad Task Order 2024-7 1
MACC SGSI Testing & Inspection
______________________________________________________________________________ Triad TASK ORDER 2024-7
of 2024 On-Call Civil Engineering Services Agreement
Date: July 16, 2025
Contract No: A-2287
Consultant: Triad/Holmes Associates
Project Title: MACC SGSI Testing & Inspection
A. PROJECT DESCRIPTION AND BACKGROUND INFORMATION
Triad/Holmes Associates will provide materials testing and inspection services during the construction of the MACC. 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 (Spiess Construction Co., 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 July 21, 2025
Project completion and Report completion February 2027
E. CONTACT PERSON
Amy Callanan, PE
Public Works Department
P.O. Box 1609, Mammoth Lakes, CA, 93546
(760) 965-3650
www.townofmammothlakes.ca.gov
Triad Task Order 2024-7 2
MACC SGSI Testing & Inspection
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 August 21, 2024. 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 2024-7 3
MACC SGSI Testing & Inspection
EXHIBIT A
(Fee)
The total cost to complete the work within the Scope of Services shall not exceed $169,000 without written authorization, with Additional Work billed on a Time and Materials basis.
EXHIBIT B
(Triad/Holmes (SGSI) Proposal)
Triad Task Order 2024
-74
MACC SGSI Testing & Inspection
1 TOWN COUNCIL STAFF REPORT
Title: Award the contract for the Mammoth Yosemite Airport Multipurpose Building - Site Work Phase 1 Project
Meeting Date: August 6, 2025
Prepared by: Pam Smitheman, Assistant Engineer
RECOMMENDATION:
Staff recommend Town Council:
Approve the plans and specifications.
Award the contract to the lowest responsive bidder, Meyers Earthwork, Inc. in the amount of $2,250,260.00.
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. Authorize the Town Manager to execute the FAA grants.
BACKGROUND:
Mammoth Yosemite Airport is designing a new multipurpose building that will provide offices for staff and storage for maintenance vehicles and the Aircraft Rescue Firefighting engine (ARFF). The sitework to prepare for the multipurpose building includes new and renovated access roads to the airfield and hangars. The included alternate relocates taxiway A3 which will improve safety and provide direct access to the runway once the ARFF is located at the new multipurpose building. The addition of another airfield gate will provide direct access to more hangar owners while decreasing aircraft and vehicles interaction.
ANALYSIS:
The Town advertised for the Mammoth Yosemite Airport Multipurpose Building - Site Work Phase 1 project from March 8 to March 22, 2025. Bids were opened on April 4, 2025, at 2:00 PM. The bids received were as follows for base bid + alternate 1:
Meyers Earthwork, Inc. $2,250,650.00
Qualcon Contractors, Inc. $2,900,850.00
Spiess Construction Co., Inc. $3,200,020.00
Papich Construction Co., Inc. $3,418,362.00
Granite Construction Company $3,524,150.00
2 A bid review was completed, and no irregularities were found.
FINANCIAL CONSIDERATIONS:
Federal Aviation Administration (FAA) moneys will fund 95% of the project costs. The federal share of 95% is funded by the Airport Infrastructure Grant (AIG) as well as the Airport Improvement Plan Grant (AIP), under the Bipartisan Infrastructure Law (BIL) grant program. The sponsor, Town of Mammoth Lakes, is responsible to pay the remaining 5% which will come from the Airport’s capital improvement program funds. The Total project costs are as follows:
Construction – Base Bid + Alternate 1 $2,250,260.00
Administration $44,500.00
Engineering During Construction/Closeout 182,500.00
Construction Management $210,000.00
Total Project Costs $2,687,260.00
The requested Grant funding total is $2,552,897. The breakdown of project funds are:
Federal AIG/AIP Grant Funds $2,552,897.00
Sponsor Match $134,363.00
Total Project Funds Available $2,687,260.00
ENVIRONMENTAL CONSIDERATIONS:
On January 25, 2025, the Federal Aviation Administration (FAA) reviewed and approved the Categorical Exclusion, for the taxiway portion of project, pursuant to FAA Order 1050.1F as it relates to the National Environmental Policy Act of 1969 (NEPA). The access road portion of the project received a Finding of No Significant Impact (FONSI) on November 12th, 2021. An Environmental Impact Report (EIR) was prepared for this project pursuant to the California Environmental Policy Act (CEQA) under California Code of Regulations with a Notice of Determination filed on January 12, 2023.
XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX X X X X X X X X X
XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX NEW 8" WATER MAIN 2" HDPE WV X XX XX XX XX XX XX SSSSSS C PROPANE TAXIWAY A TW A3 (DEMO) TW A4 RUNWAY 9-27 X XX 0 75 150 MAMMOTH YOSEMITE AIRPORT MAMMOTH LAKES, CALIFORNIA KDCDB MMH 2025 AIP DATE DRAWN CHECKED PROJECT No. PLATE No. 1 FILE 75.02 N REHABILITATE AND EXTEND SERVICE ROAD AND DEMOLITION OF TAXIWAY A3 LEGEND 6125 KING ROAD, SUITE 201 · LOOMIS, CALIFORNIA 95650 · (916) 652-4725 12/9/2024 SCALE: 1"=150' 2025 AIRPORT IMPROVEMENT PROGRAM PROJECT SKETCHMAP EXISTING TERMINAL BUILDING AIRPORT ROAD CONSTRUCT TAXIWAY A3 Page 43 of 83 Mammoth Lakes Town Council
Agenda Action Sheet
Title: Consider approval of an amendment to the Mammoth Lakes Housing, Inc. professional services agreement to extend the term of the agreement to December 31, 2025 Council Meeting Date: 8/6/2025
Prepared by: Nolan Bobroff, Community and Economic Development Director Recommended Motion: Approve the First Amendment to the Professional Services Agreement with Mammoth Lakes Housing, Inc. to extend the term of the agreement to December 31, 2025.
Summary: The agreement with Mammoth Lakes Housing, Inc. (MLH) was for the period of July 1, 2022 – June 30, 2025 and agreed to a payment of $84,000 per quarter for their services.1 Town staff and MLH have been meeting to discuss and negotiate the terms of a new agreement, but have not yet reached an agreement and wish to extend the term of the previous agreement for an additional six months to December 31, 2025 pursuant to the same compensation terms (i.e., $84,000 per quarter) and scope of work as the previous agreement. The Town’s FY 25/26 budget included funds to cover the cost of the agreement at the current rate for the entire year ($336,000/year).
The July 2022 agreement was the result of a collaborative effort between the Town and MLH to develop a list of deliverables for the MLH agreement that were more succinct and oriented to specific housing focus areas. The focus areas outlined in the July 2022 agreement include creation and preservation of deed restricted units, maintain appropriate wait lists for housing units, bring more grant money to Mammoth Lakes, provide real estate services, and provide housing services and information to the community.
Staff and MLH will continue to meet and negotiate the terms of a new agreement during the extension period.
Attachments:
Attachment 1: First Amendment to the MLH Agreement
Attachment 2: MLH Agreement, July 1, 2022 – June 30, 2025
1 Mammoth Lakes Housing (MLH) is currently going through the process of changing their name to Eastern Sierra Community Housing (ESCH). However, since the current contract is with MLH, and not ESCH, the extension will continue to reference MLH.
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
PARTIES: This First Amendment to Professional Services Agreement (“First Amendment”), dated this 6
th day of August, 2025 (“Effective Date”) and with retroactive effect to June 30, 2025, is entered into by and between Mammoth Lakes Housing, Inc., a California Nonprofit Public Benefit Corporation (“Contractor”) and the Town of Mammoth Lakes (“Town”) (collectively, the “Parties”) to amend the Professional Services Agreement between the Parties dated July 1, 2022 (“Agreement”) as set forth below.
FIRST AMENDMENT: The Agreement is hereby amended by amending Sections
3.1.2 to read as follows:
(i) Section 3.1.2 Term. The term of this Agreement shall be from July 1, 2022 through December 31, 2025. During the period of July 1, 2025 through December 31, 2025, the Contractor shall be compensated in accordance with the terms specified in Exhibit “B” of the Agreement and shall continue to provide the programs and services outlined in Exhibit “A” of the Agreement.
NO OTHER AMENDMENT: Except as modified by this First Amendment, the Agreement remains binding on the Parties in full force and effect according to its terms.
INCORPORATION OF FIRST AMENDMENT. From and after the Effective Date of this First Amendment, wherever the term “Agreement” or contract appears in the Agreement, it shall be read and understood to mean the Agreement as amended by this First Amendment.
COUNTERPARTS. This First Amendment may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one fully executed First Amendment.
AUTHORITY TO EXECUTE. Each signatory executing this First Amendment on behalf of the Party below warrants that he or she is authorized to enter into and bind that Party to the terms of this First Amendment.
[Signatures on following page]
IN WITNESS WHEREOF, the said Parties hereto have caused this First Amendment to be executed on the Effective Date.
TOWN OF MAMMOTH LAKES
By: _________________________
Rob Patterson
Town Manager
MAMMOTH LAKES HOUSING, INC.
By: _________________________
Tom Hodges
President
Attest:
By: ________________________
Jamie Gray
Town Clerk
Approved as to form:
By: ________________________
Andrew Morris
Town Attorney
1 TOWN COUNCIL STAFF REPORT
Title: Authorize purchase of Hangar at Mammoth Yosemite Airport for storage of Town equipment.
Meeting Date: August 6, 2025
Prepared by: Rob Patterson, Town Manager
RECOMMENDATION:
Staff recommend the Town Council approve the purchase of Hangar A5 at Mammoth Yosemite Airport and authorize the Town Manager to execute a purchase and sale agreement for $203,000 to complete the purchase, pending final legal review.
BACKGROUND:
The Town of Mammoth Lakes has a need for storage of vehicles and materials that are protected from the weather. The current solution for additional storage is to lease available storage facilities within Mono and Inyo counties for many of our seasonal vehicles and to store materials within the vehicle maintenance facility at the Town Yard. In March 2025, the Town Council authorized a restructuring plan for the fleet maintenance team, resulting in the addition of one Vehicle Mechanic. In order to increase the capacity of our fleet team, the staff are removing storage materials to provide a dedicated work bay for this new mechanic. This should improve capacity of the fleet maintenance by approximately 15%.
ANALYSIS:
Staff have negotiated with the current owner of Hangar A5 and agreed upon the sale price of $203,000 for the unit. This is comparable to other sales of similar hangar size (approximately 1,950sf) and location on the airfield (off the main taxiway). The hangar is located in the section of the Airport that is owned and managed by the Town and therefore a hangar ground lease for the unit, typically payable to the Town, will not be necessary.
There are no additional costs, outside of normal and occasional maintenance of the roof and doors, necessary for this type of unit. The unit is cleaned and ready to move in as soon as the transaction is completed.
The following is a list of materials that will be stored in the new facility:
Metal stock for facility repairs
Paint for road and facility repairs
Glass beads for paint reflection
Crack sealant for road surfaces
In addition to the increased capacity, the Town is utilizing several offsite storage facilities to accommodate seasonal storage of vehicles. Vehicles that are stored in these offsite
2 locations can require up to three staff members and two hours to retrieve the vehicles when needed. Storage at the Airport will dramatically cut down on travel time and cost associated with storage.
The following lists the current vehicle storage costs:
Vactor Truck: Currently stored in Chalfant Valley for 6 months (Winter) Stored in PW parking lot for summer months.
Storage Cost: $800.00 monthly. $4,800.00 total.
3 CMS Boards: Currently stored at Bishop Fairgrounds for 6 months (Winter)
Stored in the Public Works shed for summer months
Storage cost: $100.00 per unit monthly. $1,800.00 total. 4 Sweepers: 2 units stored at Bishop Fairgrounds unless needed 6 months (Winter)
2 units stored in any open bay at PW shop for winter
sweeping.
All 4 stored in PW parking lot for summer months.
Storage cost: $100.00 per unit monthly. $1,200.00 total.
Road striper: Stored for 6 months at Bishop Fairgrounds.
Stored in PW parking lot for summer months
Storage cost: $100.00 monthly 6 months (Winter) $600.00 total
Combined cost for Chalfant Valley and Bishop Fairgrounds storage for 6 months is $8,400.
In addition to saving time and costs on vehicle storage, the Airport crew would have ready access to vehicles stored in the hangar for use in Airport operations. With ready access to sweepers, the crew would be able to manage large-scale Foreign Object Debris (FOD) that accumulates on the Airport surfaces, typically after helicopter operations and wind events.
FOD is typically sticks and rocks, that can damage aircraft engines and props and cause an unsafe landing surface. For routine sweeping, this configuration would save the Airport staff time in transport and scheduling and reduce our reliance on the Roads Crew for support and availability.
3 FINANCIAL CONSIDERATIONS:
Staff is recommending the use of Development Impact Fee (DIF – General Facilities and Equipment to be used for the purchase of this facility. The current balance in DIF – General Facilities and Equipment is $512,256 and more than enough to cover the purchase price of $203,000. The purchase of this facility fits within the parameters set for DIF General Facilities and Equipment and with adequate funds available, no debt will be incurred to acquire this unit.
1 PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this ______ day of August, 2025 ("Effective Date"), between KAGAN LIVING TRUST ("Seller"), and TOWN OF MAMMOTH LAKES, a California municipal corporation, whose mailing address is P.O. Box 1609, Mammoth Lakes, California 93546 ("Buyer"). Seller and Buyer shall sometimes be referred to herein individually as a “Party” and collectively as the “Parties.”
R E C I T A L S
A. Seller owns the personal property located at Mammoth Yosemite Airport (“Airport”) known as Town Hangar A5 and bearing Mono County APN 860-000-180-000 ("Hangar"). The Hangar is depicted in the Site Plan attached as Exhibit A.
B. Buyer is the owner and operator of the Airport, and the Hangar is located on Airport property pursuant to the ground lease attached as Exhibit B (“Ground Lease”).
C. Buyer and Seller wish to provide for the sale of the Hangar to Buyer and the assignment of the Ground Lease to Buyer on the terms set forth herein.
A G R E E M E N T
NOW, THEREFORE, in consideration of the recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, Seller and Buyer agree as follows:
Section 1. Purchase and Sale of Hangar. Seller agrees to sell the Hangar to Buyer, and Buyer agrees to purchase the Hangar from Seller, on the terms and conditions of this Agreement.
Section 2. Purchase Price. The purchase price ("Purchase Price") for the Hangar shall be $203,000.
Section 3. Seller’s Conditions Precedent to Closing. Seller’s obligation to sell the Hangar to Buyer pursuant to this Agreement shall be conditioned upon and subject to the conditions precedent set forth below, each of which is for Seller’s sole benefit and may only be waived by Seller in writing, except as set forth below:
(a) Performance by Buyer. Buyer shall have performed in all material respects its obligations under this Agreement on or before the Closing Date, to the extent such obligations are required to have been performed on or before the Closing Date. (b) Deposit of Purchase Price. Buyer shall have deposited the entirety of the Purchase Price with Escrow, as that term is defined in Section 5 herein and as more particularly set forth in Section 5.
2 Section 4. Buyer’s Conditions Precedent to Closing. Buyer’s obligation to purchase the Hangar from Seller shall be conditioned upon and subject to the conditions precedent set forth below, each of which is for Buyer’s sole benefit and may only be waived by Buyer in writing:
(a) No Encumbrances. Seller shall have terminated all contracts for repairs or maintenance of the Hangar, and no third party shall have any claims against the Hangar or contractual rights regarding the Hangar. Seller warrants and represents that it has the right to terminate such contracts pursuant to the terms thereof and that no third party has any rights with respect to the hangar, including without limitation the right to lease, use, occupy, or purchase the Hangar. Seller shall indemnify and hold harmless Buyer against and from any and all claims arising out of such termination and/or the performance of such contracts prior to their termination, and against any claims asserted by a third party pertaining to that party’s claimed rights regarding the Hangar.
(b) Performance by Seller. Seller shall have performed in all material respects its obligations under this Agreement on or before the Closing Date, to the extent such obligations are required to have been performed on or before the Closing Date.
Section 5. Closing.
(a) Escrow. Upon execution of this Agreement, the Parties shall instruct their agent to open escrow with Inyo-Mono Title (“Escrow”) for this transaction. The Parties acknowledge that this Agreement shall be provided to Escrow and shall constitute joint escrow instructions. To the extent that Escrow requires additional joint escrow instructions, the Parties shall work in good faith to provide such instructions. Either Party may also provide Party-specific escrow instructions to Escrow, provided that no such instructions conflict with any term of this Agreement. (b) Closing; Closing Date. The closing of the transactions contemplated by this Agreement (the “Closing”) shall occur as soon as possible after August 6 th, 2025.
(c) Funds to be Delivered by Buyer. On or before the Closing Date, Buyer shall deliver to Escrow immediately available funds in the amount equal to the sum of: (i) the Purchase Price, plus (ii) any costs or prorations chargeable to Buyer under this Agreement. (d) Documents to be Delivered by Seller. On or before the Closing Date, Seller shall deliver to Buyer: (i) an original bill of sale in a form satisfactory to Buyer, conveying title to the Hangar to Buyer (“Bill of Sale”); and (ii) an assignment of the Ground Lease to Buyer, in a form acceptable to Buyer. The Hangar shall be conveyed free of any liens, encumbrances, or secured obligations, except for non-delinquent real property taxes and assessments. (e) Closing Prorations and Fees. Real property taxes and assessments on the Hangar shall be prorated as of the Closing (on the basis of actual days elapsed and a 365-day year) based upon the latest available bills. Buyer and Seller shall each pay all attorneys’ fees and costs they have respectively incurred in connection with the negotiation, execution, delivery and performance of this Agreement. Buyer and Seller shall each be responsible for one-half of the escrow fees charged by Escrow. Buyer shall pay (i) all recording fees (unless this transaction is determined to by exempt by the Mono County Recorder); and (ii) the premium for any title insurance coverage
3 obtained by Buyer. This Section 5(d) shall survive the Closing. Seller shall pay (i) the documentary transfer tax (unless this transaction is determined to be exempt from such tax by the Mono County Recorder); and (ii) fees charged by Escrow for preparing the Bill of Sale. (f) Events Subsequent to Closing. The Parties shall jointly direct Escrow to record the Bill of Sale upon the Closing.
Section 6. Condition of Hangar. Buyer and its representatives, prior to the date of Closing, will have been afforded the opportunity to make such inspections of the Hangar and related matters as Buyer and its representatives may desire. Buyer acknowledges and agrees that the Hangar is to be accepted by Buyer in an "as is" condition with all faults. Buyer acknowledges that notwithstanding any prior or contemporaneous oral or written representations, statements, documents or understandings, this Agreement constitutes the entire understanding of the Parties with respect to its subject matter and the purchase and sale of the Hangar and supersedes any such prior or contemporaneous oral or written representations, statements, documents or understandings.
Section 7. Default and Remedies.
(a) Seller’s Remedies. If Buyer fails to complete the Closing as contemplated by this Agreement, or if Buyer defaults under the terms of this Agreement, and such default continues for more than 30 days following Seller’s notice to Buyer of such default, then Seller shall have the right to exercise one of the following remedies (such decision to be in Seller’s sole discretion): (i) Seller shall have the right to terminate this Agreement by giving written notice of such termination to Buyer, in which case neither Party shall have any further obligations or liabilities under this Agreement, except for any that expressly survive the expiration or termination of this Agreement; or (ii) Seller shall have the right to institute and prosecute an action to compel specific performance of this Agreement against Buyer.
(b) Buyer’s Remedies. If the Closing fails to occur due to a default by Seller under this Agreement, and such default continues for more than 30 days following Buyer’s notice to Seller of such default, then Buyer shall have the right to exercise one of the following remedies (such decision to be in Buyer’s sole discretion): (i) Buyer shall have the right to terminate this Agreement by giving written notice of such termination to Seller, in which case, neither Party shall have any further obligations or liabilities under this Agreement, except for any that expressly survive the expiration or termination of this Agreement; or (ii) Buyer shall have the right to institute and prosecute an action to compel specific performance of this Agreement against Seller.
(c) No Other Remedies. Seller and Buyer acknowledge that their respective rights and remedies resulting from a default under this Agreement by the other Party shall be limited to those set forth in Section 7(a) and Section 7(b) above, and all other rights and remedies that may be available to Seller or Buyer at law or in equity are hereby waived; provided, however, that nothing herein shall limit a Party’s remedies with respect to any obligations or liabilities of the other Party that survive the expiration or earlier termination of this Agreement. Without limiting the foregoing, neither Party shall be liable for any other remedies, including any claims for any other damages, including, without limitation, additional compensatory damages, special damages, consequential damages (including, without limitation, damages for lost profits, delay, changes in
4 market conditions, etc.) or punitive damages, based upon any breach or default under this Agreement or any other act, error or omission by a Party.
Section 8. Notices.
Any notices required or desired to be given under this Agreement shall be in writing and personally served, given by reputable private courier or delivery service, or given by mail or email. Any notice given by mail shall be sent, postage prepaid, by certified mail, return receipt requested, addressed to the Party to receive at the following address or at such other address as the Party may from time to time direct in writing:
Seller: KAGAN LIVING TRUST
12307 Helena Drive
Los Angeles, CA 90049Telephone:
Email:
With a copy to:
Buyer: TOWN OF MAMMOTH LAKES
Attn: Town Manager
P.O. Box 1609
Mammoth Lakes, CA 93546
Telephone: (760) 965-3601
Email: [email protected]
Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be deemed to be given three (3) days after deposit with the United States Postal Service, certified or registered, return receipt requested. Email notices actually received by a Party shall be deemed to be given upon receipt.
Section 9. Waiver of Breach. A waiver by either Party of a breach by the other Party of any covenant or condition of this Agreement shall not impair the right of the Party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either Party to insist upon strict performance of any term, covenant or condition of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of any such term, covenant, condition or right.
Section 10. Time of the Essence. Time is of the essence of this Agreement.
Section 11. Governing Law and Venue. This Agreement shall be governed in all respects by the laws of the State of California. The venue for any action to interpret or enforce this Agreement shall be the Mono County Superior Court.
Section 12. Broker Representation and Compensation. The Parties acknowledge that they have each been represented by Pat Foster of Northfield Properties, Inc. (“Broker”) in connection
5 with the negotiations leading to this Agreement. Seller shall be solely responsible for compensating Broker for such representation, under the terms of the agreement between Seller and Broker, to which Buyer is not a party.
Section 13. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties, their successors, and assigns.
Section 14. Severability. In the event that any of the provisions of this Agreement shall be held to be invalid or unenforceable by a court of competent jurisdiction under applicable law, the remaining portions shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to affect the intent of the Parties and shall be reformed to the extent necessary to make such provision valid and enforceable.
Section 15. Drafting. The Parties agree that this Agreement is the product of joint draftsmanship and negotiation, and that should any of the terms be determined by a court, or in any type of quasijudicial or other proceeding, to be vague, ambiguous, and/or unintelligible, that the same sentences, phrases, clauses or other wordage or language of any kind shall not be construed against the drafting Party. As used in this Agreement, “including” or “such as” means “including without limitation” or “such as without limitation”.
Section 16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original (including copies sent to a Party by electronic means) as against the Party signing such counterpart, and all of which together shall constitute one and the same instrument. An electronic or DocuSign signature to this Agreement shall have the same force and effect, for all purposes, as the original signature.
Section 17. Entire Agreement. It is understood and agreed that all prior understandings and agreements, whether written or oral, between the Parties are merged into this Agreement, which alone fully and completely expresses their agreement, that neither Party is relying upon any statement or representation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both Parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE.]
6 IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate as of the Effective Date first herein written.
Seller: KAGAN LIVING TRUST
By: _____________________________________
Printed Name: ____________________________
Title: ____________________________________
BUYER: TOWN OF MAMMOTH LAKES,
a California municipal corporation
By: _____________________________________
Printed Name: ____________________________
Title: ____________________________________
7 EXHIBIT A
Site Plan Depicting Hangar
8 EXHIBIT B
Ground Lease
(Attached)
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) – Rice, Truax, and Bubser as alternate
Airport Land Use Commission – Rice, Truax, and Bubser as the alternate Mono County Collaborative Planning Team (CPT) – Senior Planner Kim Cooke and Bubser and Truax as alternates
Intergovernmental Relations:
Town and County Liaison Committee – Bubser, Rice, and Town Manager and Sauser 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 – Bubser and the Town Manager as the alternate
California Joint Powers Insurance Authority Board – Truax and Assistant to the Town Manager as alternate
Transportation:
Local Transportation Commission (LTC) – Bubser, Sauser, and Truax; 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 – Truax
Eastern Sierra Community Housing Board – Rice
Treasury Oversight Committee – Finance Director; Town Manager as alternate Parks and Recreation Master Plan Advisory Committee – Rice; Bubser as the alternate
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.