Mammoth Lakes City Council
October 21, 2026

Town Council Agenda

Wednesday, October 21, 2026, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:

Councilmember Cleland Hoff, Councilmember Bill Sauser, Councilmember John Wentworth, Mayor Pro Tem Brent Truax, Mayor Amanda Rice
NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (760) 965-3602. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 13.102-35.104 ADA Title II)
NOTE: Materials related to an item on this agenda submitted after distribution of the agenda packet are available for public inspection in the Town Offices located at 437 Old Mammoth Road, Suite 230 during normal business hours. Such documents are also available on the Town of Mammoth Lakes website at www.townofmammothlakes.ca.gov subject to staff’s ability to post the documents before the meeting.

NOTE: You may attend the Town Council meetings in person or watch them on the Town of Mammoth Lakes' website at www.townofmammothlakes.ca.gov , on the local government cable channel 18, or via Zoom. Public comments can be submitted to the Town Clerk at [email protected]. before and during the meeting, or may be made in person or via Zoom.

NOTE: All comments will be limited to a speaking time of five minutes.

ZOOM INFORMATION
Join from a PC, Mac, iPad, iPhone, or Android device:

Please type in or cut and paste in this URL to join. https://monocounty.zoom.us/s/92958002088 Or join by phone:

Dial (for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 301 715 8592 or +1 312 626 6799 or +1 646 876 9923
Webinar ID: 929 5800 2088
International numbers available: https://monocounty.zoom.us/u/acobwlnMsm To raise your hand Press *9, to Mute/Unmute Press *6

1. CALL TO ORDER AND ROLL CALL

2. PLEDGE OF ALLEGIANCE

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

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

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

5. INTRODUCTIONS

5.1 Introduce new Airport Maintenance Coordinator William DesBrosses.

5.2 Introduce new Fleet Manager Larry Boardman.

5.3 Introduce new Revenue Specialist Natalie Marrone.

6. TOWN COUNCIL PRESENTATIONS

6.1 Recognition of Recreation Manager Kat Kelly for ten years of service to the Town of Mammoth Lakes.

6.2 Approve the proclamation declaring October as Domestic Violence Awareness Month.

6.3 Approve the proclamation declaring October 21, 2026 as Support Your Local Chamber of Commerce Day.

7. STAFF PRESENTATIONS

7.1 Flock Safety Update 2026.

7.2 Housing Programs Update.

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

8.1 Town of Mammoth Lakes Social Media Report for September 2026.

8.2 October 2026 Public Works Engineering CIP Update.

9. CONSENT AGENDA

9.1 Approve the minutes of the regular meeting of September 16, 2026.

9.2 Adopt the resolution approving an amended Conflict of Interest Code.

9.3 Update and Request Approval for Continuing Emergency Contract Work at Mammoth Yosemite Airport.

9.4 Authorize the Town Manager to execute a professional services agreement with Ascent Environmental, Inc. for preparation of the Town’s 7th Cycle Housing Element update.

9.5 Accept Check Register 9/17/26 in the amount of $1,168,204.30. Accept Check Register 9/24/26 in the amount of $807,950.93. Accept Check Register 9/28/26 in the amount of $236,025.00. Accept Check Register 10/1/26 in the amount of $851,773.85. Accept Check
Register 10/8/26 in the amount of $918,652.94.

10. PUBLIC HEARINGS
Public Hearing Procedure.

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

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

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

10.1 Hold a public hearing to consider a grant application and planned activities for the State Permanent Local Housing Allocation (PLHA) Program.

10.2 Hold a public hearing to discuss expenditures and accomplishments of the Town’s 2021 Community Development Block Grant (21-CDBG-HA-00015).

10.3 Hold a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”) for the rehabilitation of four existing Mammoth Lakes
Family apartment projects within Mammoth Lakes.

11. POLICY MATTERS

11.1 Appeal of TOT/TBID penalties and interest by Michael Cisneros.

11.2 Receive and discuss the draft 2026 Affordable Housing Impact Fee Nexus Study.

11.3 Waive the reading and introduce by title only the ordinance amending Municipal Code Chapter 8.14 Solid Waste Recycling.

11.4 Town of Mammoth Lakes priorities for the Fiscal Year 26/27 Inyo National Forest Program of Work.

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

13. REQUESTS FOR FUTURE AGENDA ITEMS

14. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, November 4, 2026 at 4:00 p.m.

A PROCLAMATION OF THE TOWN COUNCIL OF THE

TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,

PROCLAIMING OCTOBER AS

DOMESTIC VIOLENCE AWARENESS MONTH
WHEREAS, although progress has been made toward breaking the cycle of domestic violence and supporting victims and their families of the Town of Mammoth Lakes, much work remains to be done; and
WHEREAS, Wild Iris has served over 400 survivors of domestic violence and sexual assault over the last year, and advocates, law enforcement officials, health care providers, court systems, tribal organizations, and others are an integral part of the effort to end domestic violence in the Eastern Sierra and must be recognized and applauded for their work; and WHEREAS, victims of domestic violence embody incredible strength and resilience and there is a need to increase public awareness and understanding of domestic violence and the needs of survivors; and
WHEREAS, one in four women and one in seven men will experience domestic violence in their lifetime; and
WHEREAS, children exposed to domestic violence can experience long-term consequences including difficulty at school, substance abuse, and serious physical and mental health problems as adults; and
WHEREAS, domestic violence has a significant economic impact on women and throughout the country an estimated eight million days of paid work are lost as a result of intimate partner violence, costing over $8 billion in expenses annually through a combination of higher medical costs and lost productivity; and
WHEREAS, among families, domestic violence is the third leading cause of homelessness; and WHEREAS, the Legislature recognizes the vital role that all Californians play in preventing and one day ending domestic violence.

NOW, THEREFORE, BE IT RESOLVED that in recognition of the important work done by Wild Iris and all victims’ service providers, the Town Council of the Town of Mammoth Lakes hereby proclaims that the month of October, 2026 is Domestic Violence Awareness Month in the Town of Mammoth Lakes and encourages all residents to observe Domestic Violence Awareness Month.

PROCLAIMED this 21st day of October, 2026.
_________________________________
ATTEST: AMANDA RICE, Mayor
____________________________
JAMIE GRAY, Town Clerk

A PROCLAMATION OF THE TOWN COUNCIL OF THE

TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
PROCLAIMING OCTOBER 21, 2026 AS

SUPPPORT YOUR LOCAL CHAMBER OF COMMERCE DAY
WHEREAS, Chambers of Commerce strive to address the community’s top challenges and greatest opportunities through bold leadership and innovative problem solving; and WHEREAS, Chambers of Commerce foster stronger, more vibrant communities by advocating for priorities to promote economic prosperity, enhance quality of life and create access to meaningful employment and opportunity for all residents; and WHEREAS, Chambers of Commerce are champions of communities, serving as a trusted resource for businesses, residents, and other stakeholders; and WHEREAS, Chambers of Commerce create catalytic community partnerships to build resilient economies and promote community-wide prosperity; and WHEREAS, the Mammoth Lakes Chamber of Commerce works to foster a business environment that promotes business development, supports established businesses, and encourages new business and investment within the Town of Mammoth Lakes.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Mammoth Lakes hereby proclaims October 21, 2026 as Support Your Local Chamber of Commerce Day in the Town of Mammoth Lakes and encourages all residents to learn more about our local Chamber, its support of local businesses, and the impact on the broader community.

PROCLAIMED this 21st day of October, 2026.
_________________________________
ATTEST: AMANDA RICE, Mayor
____________________________
JAMIE GRAY, Town Clerk

1 TOWN COUNCIL STAFF REPORT
Title: Flock Safety Update 2026
Meeting Date: October 21, 2026
Prepared by: Dan Casabian, Chief of Police
RECOMMENDATION:

Presentation Only – No Action Required
BACKGROUND:

On July 17, 2024, Mammoth Lakes Town Council authorized installation and implementation of Automatic License Plate Recognition Cameras (ALPR) through Flock Safety. We are now here to report the results from the second year of operation.

ATTACHMENTS:

Attachment 1: Mammoth Lakes PD – Flock Update 2026

Mammoth Lakes Police Department

Flock Safety Annual Update 2026
Mammoth Lakes Police Department
Flock Safety Annual Update 2026

Historical Review of Flock in Mammoth Lakes
• Clarify Sharing Expectations from the Beginning
• Network Lookup (Statewide and Nationwide)
• Notification of Violation, Flock Webinars 12/2025 – System Deactivation
• System Reinstatement Timing and Why
• Partnership with MUSD, MCOE, Mammoth Hospital (Separate account)
• Camera Count for Town of Mammoth Lakes Account

Falcon LPR
Cameras
and
Raven
Audio
Detection
• Solar-powered HD ALPR Cameras
• 10 Original LPR Cameras • 5 Flex LPR Cameras installed July – October 2026.
• MUSD, Mammoth Hospital,
and Mono County Office of
Education obtained 3 LPR
Cameras
• Mount to existing infrastructure or
standalone poles in public areas
• Activated by vehicle motion • Not a live surveillance video • Runs the vehicle against a Hotlist for wanted vehicles
• Search capability for investigations • No facial recognition • Not used for immigration enforcement
• 30-day retention
• MOU with MUSD, Mammoth
Hospital, and Mono County
Office of Education
• 25 Raven Devices, 3 Computer
Boxes
• Device preserves a 3 to 5-
second audio snippet after a
distinct threat is identified: • Gunshots • Tire Screeching from Vehicle Sideshows
• Vehicle Collisions
• The on-device processor
automatically and permanently
destroys everyday sounds
(talking, ambient noise)
immediately, No active listening
• Raven uses triangulation to
identify locations within 90-feet
ALPR Cameras Raven Audio Detection

MLPD ALPR Annual Searches
157
67 94
83 3
26 20
25 64
33 132
138
SEP-25 OCT-25 NOV-25 DEC-25 JAN-26 FEB-26 MAR-26 APR-26 MAY-26 JUN-26 JUL-26 AUG-26

ALPR Success
Stolen vehicle recovered from
the plate being entered into
Flock
May 2026
Suspect brandished a Firearm
at Horseshoe Lake and was
apprehended using Flock
July 2026
Two additional stolen vehicles
were recovered with the use of
our ALPR system.

August 2026
A Silver Alert was issued and
Flock alerted MLPD that the
missing person drove into
Mammoth Lakes. Officers
successfully made contact.

September 2026
Used to locate and arrest a
suspect involved in a violent
crime/stabbing in Town.

October 2026
ALPRs have also been
used by MLPD to Exonerate
Innocent Victims

Mammoth Lakes Police Department’s
LPR Transparency Portal
 Every search requires a registered ID
with a case/incident number
 Any member of the public can download the
last 30 days of searches/audit logs
 Added an audit assistance tool to flag
unusual search patterns for MLPD
supervisors to review.
 https://transparency.flocksafety.com/mam
moth-lakes-ca-pd
https://transparency.flocksafety.com/mammoth-lakes-ca-pd

Mammoth Lakes, CA
Thank You!
Questions?
Thank You!
Questions?

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Housing Programs Update
Council Meeting Date: 10/21/2026
Prepared by: Marcus Sproll, Housing Manager
Recommended Motion: This is an informational only item. Town Council can discuss and ask questions of staff.

Summary: Housing Division staff will present an update on the status of active housing programs.

HOUSING PROGRAMS UPDATE

HOUSING

DIVISION
10/21/2026
10/14/2026 1

Active Town Housing Programs
10/14/2026 2

1.Rental Development
• Kingfisher 1 & 2
• School District
• Town Missing Middle

2.Homebuyer Development
• Small Sites
• The Parcel

3. Rental Incentive Grants
• Lease to Locals

4. For-Sale Deed-Restriction
• The Bridge, Density Bonus, Mitigation

5. For-Sale Downpayment
Assistance
• PLHA, HOME, CDBG, BEGIN

Rental Development
• Currently 377 deed-restricted rental units available to the general public
• 100 restricted units available to ski resort employees • Kingfisher 1 with 75 units is currently leasing up
(included in total)
• Kingfisher 2 with 72 units is under construction and
expected to lease up in 2028
• Aspen Village, the Jeffreys, and Manzanita built in 2006/7 with 77 units are undergoing a $10.7M rehabilitation
• Town in negotiations for a land swap with the School
District for 40 employee units at the Parcel
• Staff are working with consultants on feasibility analysis of a 130-unit middle-income rental project
• Could bring total to approximately 700 restricted rental units

For-Sale Development
• 60 Joaquin Road
• Potential future small sites projects
• Potential larger for-sale projects at the Parcel

Rental Incentive Grants
• Lease to Locals
• 38 owner grants
• 99 total tenants
• Average grant: $9,773
• Average lease: 10.8 months
• Average tenant income: $60k
• Long-term retention ≈58%
• Funding about to run out
• $545k allocated
• $523k spent/committed
• Placemate requesting additional $150k
for another year of operating
• Admin $2.2k per grant

For-Sale Deed-Restriction
• Recent efforts to streamline the applicant
customer experience
• Applicants now required to use partner lenders
approved by Town
• Lenders must attend Town training to obtain
approval
• Partner lenders process the Town program
application(s) alongside the first mortgage
application
• Creates single point of contact for applicant &
realtors
• Reduces duplication of documentation
• Town staff and/or contractor review application
materials
• Approximately $1.1M currently available in Bridge

For-Sale Downpayment Assistance
• Recent efforts to streamline the applicant
customer experience
• Currently available downpayment assistance
funds
o $70k in PLHA funds
o $30k in BEGIN funds
• PLHA program application to be submitted
o $350k over 5 years
• HOME program application to be submitted
o $500k in program income
• Seek additional funding as available

QUESTION
S

Town of Mammoth Lakes
[September 2026]

September Content Interactions
Top posts in September included a Reds Meadow Road
update and the Minaret MUP paving.
*Posts for Town job openings are not included in this
report.

Reds Meadow Road update – more than 29K views on
Facebook with 277 interactions.

Minaret MUP Paving - more than 17.5K views on
Facebook with 148 interactions.

Another top post was a workforce housing update post – more than 22K views with 166 interactions

Top 10 Audience Locations
Facebook Instagram

Local vs. Non-Local Audience Percentage
50% of our audience on the Town of
Mammoth Lakes channels is
Eastern Sierra-based.

36.9% from Mammoth Lakes

13.1% from Bishop
50% total Eastern Sierra

Platform Demographics & Age Distribution
(Facebook)

Platform Demographics & Age Distribution
(Instagram)

Demographics For Top-Performing Post
September – Reds Meadow Road Update

1 TOWN COUNCIL STAFF REPORT
Title: October 2026 Public Works Engineering CIP Update Meeting Date: October 21, 2026
Prepared by: Haislip Hayes, PE Public Works Director
RECOMMENDATION:

Accept the October 2026 Public Works Engineering CIP Update. *** Text shown in bold has changed from the previous update *** Project Notes Budget
Town Civic Center Contractor is working on case work, fixtures, and other detail work. Siding has been delivered to the site and install has begun. Contractor will start cleaning up the yard and taking down the security fence. Exterior site work is nearly complete, with landscape irrigation and plantings to be deferred until next spring. Despite a few minor delays, the contractor expects the building to be substantially complete for move in mid-December.
$33M
Mammoth Arts & Cultural
Center (MACC)
Structural steel has been installed. Roof decking is complete. Contractor will begin working on the roof membrane over the next few weeks. The building should be dried in by the end of the month. Exterior improvements to the existing Edison Theater, including new stone base, windows, and siding, continue. Staff continues to solidify plans for other interior improvements. $17M
Airport Multipurpose
Building Phase 1 – A3
Taxiway & Site Work
The project is substantially complete. Minor issues with the gate are being resolved. Minimal punchlist work is left to be completed. $2.69M (Phase 1)
2026 Slurry Seal The project is complete. Staff is working on final billing, notice of completion and a closeout report for TC.
$400K
Minaret MUP Contractor has completed the MUP paving. Concrete ramps are nearly complete. Some asphalt patching to tie in drainage and crossroads will be completed the week of 10/12. Staff expects the project to be substantially complete by weeks end. Signage has been ordered and will be installed when it arrives.
$3M
Airport Multipurpose
Building (ARFF and SRE)
Phase 2
The contract was awarded on September 2. Staff will be working thru contract execution and project submittals in preparation to start construction in Spring 2027.
$3.5M

2 Old Mammoth Road
Landscaping
The contractor will begin removing replacing dirt and cinders from the planting areas and replacing it with clean planting mix in anticipation of planting in the spring. The contractor has installed several small sections of embedded cobble stone pavers that will provide a border for plantings that will be installed along with irrigation in the spring.

TBD
Parks & Trails Signage Staff is continuing to work on a bid package for several new monument, wayfinding and informational kiosk signs to be located at various locations in Town including the Parcel, CRC/Mammoth Creek Park, Dog Park, and Shady Rest. We expect to go out to bid in spring.
~$100K
CRC Phase 2 Interior TI Staff is working through design details for a permanent skate rental space to be constructed from the DIRTT modular wall system that was used for the staff offices and will be used in the new Town Hall. Some delays during the building permit approval process have pushed planned construction into November. ~$450K
Misc Fencing Project The base project is complete. Staff added some scope to address deficiencies at the CRC and Whitmore ballfield dugouts. Staff is working on final billing, notice of completion and a closeout report for TC. ~60K
The Parcel Missing Middle
Project
Staff is working with MUSD on preliminary site planning to support the MUSD housing project and a potential TOML missing middle project. $100k
Airport Tee-Hangar Taxilane
Rehabilitation
The design is currently on hold at this time. Environmental monitoring plans are being finalized.
$229K (design)
Main Street MUP /
Mountain Blvd Crosswalk
Design work is in progress. Staff would like to put the project out to bid next winter, for construction during summer 2027, pending allocation of funds for construction.
~$200K (design)
TBD (construction)
Minaret/Meridian
Roundabout
Design work is in progress. Staff has requested $2.5M in STIP funding for FY28/29 to be used towards construction.
$392K (design)
Shady Rest Restroom Design work is in progress. Due to anticipated timing for funding allocation, along with expected lead time for fabrication of the pre-cast restroom building, staff now intends to go out to bid this fall or winter, for construction in summer of 2027.
~$200K (design)

Town Council of Mammoth Lakes
Minutes of Regular Meeting
September 16, 2026, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Councilmember Cleland Hoff, Councilmember Bill Sauser, Councilmember John Wentworth, Mayor Pro Tem Brent Truax, Mayor Amanda Rice
_____________________________________________________________________

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
Brian Wright led the flag salute.

3. PUBLIC COMMENTS
Phillip Bettencourt, seasonal resident of Snowcreek 5, said that he was happy to be here.

Brianna Goico, President & CEO of the Mammoth Lakes Chamber of Commerce, gave an update regarding current Chamber activities. She also gave an update regarding the Mammoth Lakes Rotary Club. There was discussion among members of Council and Ms. Goico.

Brian Wright, President & CEO of Mammoth Lakes Tourism, announced that we now had year-round service from Bishop Airport.

Town Council Minutes
September 16, 2026

A member of the public said that the Library should be open seven days a week.

He talked about this winter's weather.

Mischa Little Bear Bateman spoke about public safety and her concerns about Flock cameras. She requested that the Council review the Flock contract to make sure our data was not shared. She spoke about Flock alternatives.

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

5. PUBLIC PRESENTATIONS

5.1 Elections Update presented by Mono County Registrar of Voters Queenie Barnard.

Mono County Registrar of Voters Queenie Barnard gave a presentation regarding the Election Update. There was discussion among members of Council and Ms. Barnard.

PUBLIC COMMENT:

Mischa Little Bear Bateman asked about how to protect voters from scams. Ms. Barnard responded.

5.2 Presentation from the Eastern Sierra Community Foundation.

Brianna Goico, Mammoth Community Foundation, spoke about the creation of an Eastern Sierra Community Foundation. Jeff Griffiths, treasurer of the Eastern Sierra Foundation, and Alison Schwedner, Agnew::Beck Consulting, gave a presentation regarding the initiative to form the Eastern Sierra Community Foundation.

PUBLIC COMMENT:

Mischa Little Bear Bateman asked about second homeowner philanthropy.

Paul McFarland said that the Foundation was a critical piece of civic infrastructure that we lacked.

6. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Parks and Recreation Director Stuart Brown gave an update regarding current parks and recreation activities.

Town Council Minutes
September 16, 2026

Office of Outdoor Recreation Manager Lawson Reif gave an update regarding current office of outdoor recreation activities. There was discussion among members of Council and staff.

Engineering Manager Amy Callanan gave an update regarding the status of the Town Hall Project. There was discussion among members of Council and staff.

6.1 Town of Mammoth Lakes Social Media Report for August 2026.

6.2 September 2026 Public Works Engineering CIP Update.

7. CONSENT AGENDA
Mayor Pro Tem Truax requested that Agenda Item 7.4 be removed from the consent agenda for separate discussion.

Moved by Councilmember Bill Sauser
Seconded by Councilmember Cleland Hoff
Approve the Consent Agenda.

For (5): Councilmember Cleland Hoff, Councilmember Bill Sauser, Councilmember John Wentworth, Mayor Pro Tem Brent Truax, and Mayor Amanda Rice
Carried (5 to 0)

7.1 Approve the minutes of the regular meeting of September 2, 2026.

7.2 Authorize the Town Manager to execute lease agreements with The Pacific Companies and Mammoth Hospital for portions of “The Parcel” to be used for staging of construction materials and equipment.

7.3 Update and Request Approval for Continuing Emergency Contract Work at Mammoth Yosemite Airport.

7.4 Authorize the Town Manager to award the contract for the 2026 Fencing and Railing Project.

This item was removed from the consent agenda for separate discussion.

There was discussion among members of Council.

Moved by Councilmember John Wentworth
Seconded by Councilmember Bill Sauser

Town Council Minutes
September 16, 2026

Authorize the Town Manager to:
 Approve the Plans and Specifications.
 Award the contract, including the base bid plus bid alternates per staff recommendation, to the lowest responsive bidder.
 Execute the construction contract.
 Authorize the Public Works Director to accept the project upon completion.
 Authorize the Public Works Director to review and approve minor revisions to complete the project, up to an additional 10% of the award amount.

For (4): Councilmember Cleland Hoff, Councilmember Bill Sauser, Councilmember John Wentworth, and Mayor Amanda Rice
Against (1): Mayor Pro Tem Brent Truax
Carried (4 to 1)

7.5 Approve the Solid Waste Parcel Fee Agreement with Mono County for Fiscal Year 2026-2027 to allow the levy and collection by Mono County of Solid Waste Parcel Fees in the Town of Mammoth Lakes.

7.6 Accept Check Register 8/27/26 in the amount of $433,430.80. Accept Check Register 9/3/26 in the amount of $355,036.97. Accept Check Register 9/10/26 in the amount of $2,693,909.53.

8. POLICY MATTERS

8.1 Presentation of budget performance through the fourth quarter Fiscal Year 2025-26 and approval of Budget Amendments.

The Mayor called a recess at 5:52 p.m. and the Council reconvened at 6:04 p.m.

Town Manager Rob Paterson gave a presentation regarding the fourth quarter budget update. There was discussion among members of Council and staff.

Town Council Minutes
September 16, 2026

PUBLIC COMMENT:

Mischa Little Bear Bateman asked questions about the proposed budget amendments. Mr. Patterson responded.

There was discussion among members of Council
Moved by Councilmember Bill Sauser
Seconded by Councilmember Cleland Hoff
Receive the fourth quarter Fiscal Year 25-26 budget report and adopt the proposed resolution amending the Fiscal Year 25-26 budget as recommended in Attachment A.

For (4): Councilmember Cleland Hoff, Councilmember Bill Sauser, Councilmember John Wentworth, and Mayor Amanda Rice
Against (1): Mayor Pro Tem Brent Truax
Carried (4 to 1)

9. COUNCILMEMBER REPORTS
Councilmember Wentworth attended the Sierra Nevada Conservancy (SNC) Board Tour, the Great Basin Unified Air Pollution Control District meeting, the Eastern Sierra Land Trust Fundraiser, the Outdoors for All Field Convening, the California Natural Resources Agency Sierra Nevada Conservancy California's Forest and Mountain Meadow Nature Based Solutions Summit, the Ski Area meeting regarding the North Village Specific Plan, and the Mammoth Lakes Tourism Board meeting.

Mayor Pro Tem Truax attended the Local Transportation Commission (LTC) meeting.

Councilmember Sauser attended the Eastern Sierra Transit Authority (ESTA) Hydrogen Bus Tour, the SNC Tour, and the LTC meeting.

Mayor Rice attended the 40th Anniversary of the Mammoth Lakes Police Department and the Eastern Sierra Community Housing Board meeting.

10. REQUESTS FOR FUTURE AGENDA ITEMS
Mayor Pro Tem Truax requested future agenda items regarding discussion on the allocation of unallocated funds, discussion on how to address funds already spent, and an update on rent stabilization for trailer parks.

Town Council Minutes
September 16, 2026

Councilmember Hoff thanked the Council for appointing her to serve on the Council.

Mayor Rice requested a future agenda item regarding an update regarding the Flock cameras.

Councilmember Wentworth requested future agenda items regarding the allocation of political commitments, a North Village Specific Plan (NVSP) update, and a Reds Meadow Road update.

11. CLOSED SESSION
At 7:17 p.m. the Mayor announced that the Council would be entering into closed session for purposes as stated in the agenda.

11.1 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Three Cases)

12. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 7:39 p.m. and announced that staff were given direction to initiate three lawsuits.

13. ADJOURNMENT
The Council adjourned the meeting at 7:41 p.m.

Jamie Gray, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Adopt the resolution approving an amended Conflict of Interest Code.

Council Meeting Date: October 21, 2026
Prepared by: Jamie Gray, Town Clerk
Recommended Motion: Adopt the resolution approving an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

Summary:

The Political Reform Act requires every local government agency to review its conflict of interest code biennially. The conflict of interest code was last updated in 2024. The attached resolution includes new positions that must be designated, deletes positions that have been abolished, and revise titles of existing positions. The resolution has been reviewed by the Town's legal counsel at BBK.

The proposed changes include the addition of the positions of Outdoor Recreation Program Manager, Finance Analyst & Technology Coordinator, Arts & Culture Manager, Senior Public Works Inspector, and Mammoth Lakes Tourism (MLT) Business Insights & Marketing Analyst.

Deleted positions include the Board and staff of Mammoth Lakes Housing. The position of Assistant Clerk was changed to Administrative Analyst, the position of Deputy Airport Manager was changed to Airport Manager, and the position of Fleet Superintendent was changed to Fleet Manager.

RESOLUTION NO. 26-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

LAKES, STATE OF CALIFORNIA, APPROVING AND ADOPTING AN

AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the “Act”), which contains provisions relating to conflicts of interest which potentially affect all officers, employees, and consultants of the Town of Mammoth Lakes (the “Town”) and requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the Town Council adopted a Conflict of Interest Code (the “Code”) which was last amended on October 2, 2024, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the Town have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Town’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the Town being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the Town Council of, the proposed amended Code was provided each affected designated employee and publicly posted for review at the offices of the Town Clerk; and
WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the Town Council on October 21, 2026, at which all present were given an opportunity to be heard on the proposed amended Code.

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

1. The Town Council does hereby adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto, and which shall remain on file with the Town Clerk and shall be available to the public for inspection and copying during regular business hours; and

2. Said amended Conflict of Interest Code shall become effective immediately after the adoption and approval of this Resolution (“Effective Date”).

Resolution No. 26-

APPROVED AND ADOPTED THIS 21
st day of October, 2026.

AMANDA RICE, Mayor
ATTEST:

JAMIE GRAY, Town Clerk

Resolution No. 26-

CONFLICT OF INTEREST CODE
OF THE

TOWN OF MAMMOTH LAKES

Resolution No. 26-

Town of Mammoth Lakes
Conflict of Interest Code
(Amended October 21, 2026)
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (FPPC) has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the FPPC to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the FPPC are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the Town of Mammoth Lakes (the “Town”).

All officials and designated positions required to submit a statement of economic interests under the Town’s Conflict of Interest Code shall file their statements with the Town Clerk as the Town’s Filing Officer. The Mayor, Members of the Town Council and Planning Commission, the Town Manager, the Town Attorney, and the Town Treasurer shall file such statements electronically directly with the Fair Political Practices Commission. The Town Clerk shall retain original statements of all other designated positions and make all retained statements available for public inspection and reproduction during regular business hours. (Government Code Section 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code Section 53235 (AB 1234). The Town’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235 and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Government Code Section 53235.2.)

Resolution No. 26-

APPENDIX

TOWN OF MAMMOTH LAKES CONFLICT

OF INTEREST CODE
(Amended October 21, 2026)
PART “A”
The Mayor, Members of the Town Council and Planning Commission, the Town Manager, the Town Attorney, the Town Treasurer, and all other Town Officials who manage public investments, as defined in 2 California Code of Regulations Section 18700.3(b), are NOT subject to the Town’s Conflict of Interest Code but must file disclosure statements under Government Code Section 87200 et seq. (Regulations Section 18730(b)(3))

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other Town Officials who manage public investments.1 These positions are listed here for informational purposes only.

Financial Consultant

1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Section 87200.

Resolution No. 26-

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Accounting Manager 4
Administrative Coordinator 5
Airport Maintenance Coordinator 5
Airport Manager 2, 3, 5, 6, 7
Airport Operations Manager 2, 3, 5
Arts & Culture Manager 5
Assistant Engineer 2, 3, 5, 6
Assistant Planner 5
Assistant to the Town Manager 5
Associate Civil Engineer 2, 3, 5, 6
Associate Planner 2, 3, 5, 6
Building Inspector/Plans Examiner 2, 3, 5, 6
Building Official 5, 6
Business Insights & Marketing Analyst, MLT 5
Community and Economic Development Director 1, 2
Content Marketing Manager, MLT 5
Director of Content, Communications and PR, MLT 5
Engineering Manager 1, 2

Resolution No. 26-

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Executive Assistant to the Police Chief 5
Executive Director, MLR 1, 2
Facilities and Asset Manager 5
Finance Analyst & Technology Coordinator 5, 7
Fleet Manager 5
Human Resources Manager 5
Maintenance Superintendent 5
Marketing Manager, MLT 5
Office Manager, MLT 5
Outdoor Recreation Manager 2, 3, 5, 6, 7
Outdoor Recreation Program Manager 5
Parks and Recreation Director 2, 3, 5
Permit Technician 6
Permit Technician/Plans Examiner 6
Police Chief 5
President and CEO, MLT 1, 2
Program and Facilities Administrator 5
Public Works Director 5
Public Works Maintenance Manager 5
Recreation Manager 5
Recreation Supervisor 5
Senior Planner 1, 2

Resolution No. 26-

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED
Senior Public Works Inspector 2, 3, 5, 6
Town Attorney (not filing under Government Code 87200) 1, 2 Town Clerk 5
Trails Program Manager 3, 5
Vice President of Community Engagement, MLT 5
Vice President of Marketing, MLT 5
Vice President of Global Tourism, MLT 5

MEMBERS OF BOARDS, COMMITTEES, AND COMMISSIONS
Allocations Committee 1, 2
Building Advisory Committee/Board of Appeals 1, 2
Mammoth Lakes Recreation (MLR) Board 1, 2
Mammoth Lakes Tourism (MLT) Board 1, 2
Mammoth Trails Committee 1, 2
Parks and Recreation Commission 1, 2
Consultants and New Positions2

2 Individuals serving as a consultant as defined in FPPC Regulation 18700.3 or in a new position created since this Code was last amended, that makes or participates in making decisions must file under the broadest disclosure requirements set forth in this Code subject to the following limitation: The Town Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Government Code Section 82019, FPPC Regulations 18219 and 18734.) The Town Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Government Code Section 81008.)

Resolution No. 26-

PART “B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned.3 Such economic interests are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the Town.

Category 1: All investments, business positions in business entities, and sources of income (including receipt of gifts, loans, and travel payments) that are located in, that do business in, or own real property within the jurisdiction of the Town.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the Town, including any leasehold, beneficial or ownership or option to acquire property.

Category 3: All investments, business positions in business entities, and sources of income (including receipt of gifts, loans, and travel payments) which engage in land development, construction, or acquisition or sale of real property within the jurisdiction of the Town.

Category 4: All investments, business positions and business entities, and sources of income (including receipt of gifts, loans, and travel payments) that provide services (including training or consulting services), products, materials, machinery, or equipment of a type purchased or leased by the Town.

Category 5: All investments, business positions in business entities, and sources of income (including receipt of gifts, loans, and travel payments) that provide services (including training or consulting services), products, materials, machinery, or equipment of the type purchased or leased by the designated position’s department, unit, or division.

Category 6: All investments, business positions in business entities, and sources of income (including receipt of gifts, loans, and travel payments) subject to the regulatory, permit, or licensing authority of the department, unit, or division.

Category 7: All investments, business positions and income, including gifts, loans, and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the Town.

3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Regulation 18730.1)

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Update and Request Approval for Continuing Emergency Contract Work at Mammoth Yosemite Airport
Council Meeting Date: 10/21/2026
Prepared by: Soibian Spring, Airport Manager
Recommended Motion: Approve findings to continue the authorized emergency contracts for installation of air conditioning, electrical system improvements and plumbing work to facilitate CalFIRE’s lease of the mobile home between the Terminal and the Fixed-Base Operator (FBO) buildings at Mammoth Yosemite Airport. This includes sitework and installation of a temporary administrative office for the displaced Airport Operations Staff.

Summary: By providing crew quarters for a CalFIRE Engine Crew, staff are prioritizing Facility Optimization of Mammoth Yosemite Airport. This new CalFIRE station in the mobile home structure is under a 3-year lease, with the intention of relocating the station to a purpose-built structure on the airfield in the future. In addition to bringing a CalFIRE engine crew up to “the top of the grade”, this station supports the Exclusive Use heavy lift helicopter based at MMH during the fire season. On June 03, 2026, the Council adopted Resolution 26-31 authorizing the emergency award of contracts to complete the upfit of the current Airport staff headquarters in time for fire season. This project has included plumbing, electrical and HVAC utilities in the CalFIRE unit and working facilities for the Airport staff.

CalFIRE now occupies the former Airport Administrative quarters. They continue to invest in the building and have responded to several fire and medical calls in the region in support of local volunteer fire departments, MLFD and Fire Management on Federal lands.

The mobile office trailer that Airport staff will occupy for the duration of the CalFIRE contract has been placed and tied down. Contractors and staff have installed the electrical, drinking water and sewer systems to the new building, which required upgrading parts of the utility services in this area of the airport. The next step is to winterize this structure and move in. The need for the work authorized by Resolution 21-36 continues to be necessary. A copy of the resolution is attached here for reference.

RESOLUTION 26- 31

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH

LAKES, STATE OF CALIFORNIA, FINDING THAT EMERGENCY

CIRCUMSTANCES JUSTIFY AWARDING CONTRACTS FOR

INSTALLATION OF AIR CONDITIOING, A NEW OFFICE TRAILER, AND

NECESSARY UTILITY CONNECTIONS
WHEREAS, California law generally requires the Town to award contracts for public projects" in excess of $5, 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" if the 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 office space at the Mammoth Yosemite Airport does not meet health and safety requirements for 24- hour Ca1FIRE staffing; and WHEREAS, the lease with Ca1FIRE begins June 1st, 2026 and necessitates hasty procurement of a new, temporary office space for airport staff; and WHEREAS, the Town Council finds that due to the rapid development of the agreement with Ca1FIRE and shortened timeline for procuring and installing necessary office components 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 June 3, 2026, 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 ofthe necessary equipment, services, and supplies for those purposes, without a competitive bidding process.

Resolution No. 26- 31

NOW, THEREFORE, BE IT RESOLVED by the Town Council ofthe 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, Airport Manager, and Public Works Director to contract for procuring and installing necessary office components 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 installation 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 3rd day of June 2026.

OV&
A NDA RICE, Mayor
ATTEST:

J IE GRAY, T n Clerk

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. 26- 31 adopted by the Town Council of the Town of Mammoth Lakes, California, at a meeting thereof held on the 3rd day of June 2026, by the following vote:

AYES: Councilmembers Bubser and Sauser, Mayor Pro Tern Truax, and Mayor Rice
NOES: None
ABSENT: Councilmember Wentworth
ABSTAIN: None
DISQUALIFICATION: None
J E GRAY, TowIlerk

1 TOWN COUNCIL STAFF REPORT
Title: Authorize the Town Manager to execute a professional services agreement with Ascent Environmental, Inc. for preparation of the Town’s 7th Cycle Housing Element update
Meeting Date: October 21, 2026
Prepared by: Nolan Bobroff, Community and Economic Development Director RECOMMENDATION:

Authorize the Town Manager to execute a professional services agreement with Ascent Environmental, Inc. for preparation of the Town’s 7th Cycle Housing Element update.

BACKGROUND:

The Housing Element is one of the seven State-mandated elements of the Town’s General Plan. Housing Elements are required to be updated every eight years to identify recent demographic and employment trends that may affect existing and future housing demand and supply. The Housing Element serves as a tool to review past performance and make policy and program changes to provide more opportunities to address the housing needs of the community and to promote the preservation, improvement, and development of diverse housing types available at a range of costs. The Housing Element addresses the Town’s ability to meet the regional housing needs as determined by the State.

State law is more specific about the content of the Housing Element than any other portion of the General Plan. The Housing Element is the only element of the General Plan that is subject to mandatory deadlines for periodic updates and is the only element that is subject to review and “certification” by the State. While the State reviews Housing Elements to ensure compliance with housing law, each jurisdiction must identify their specific issues to successfully address their housing needs. Rules regarding Housing Elements are found in the California Government Code Sections 65580-65589.9.

The Town’s current Housing Element (i.e., the 6th Cycle Housing Element) was adopted by Town Council on August 7, 2019 and was subsequently certified by the State as being in compliance with State Housing Element law on September 19, 2019. The 6th cycle covers the period of 2019-2027. The upcoming 7th cycle will cover the period of 2027- 2035 and has a State certification deadline of June 15, 2027.1 The 7th cycle update will reassess the community’s housing related goals and objectives, while also addressing issues and establishing objectives with respect to a wide range of possible housing related programs. The 7th cycle also presents several new challenges for the Town in terms of meeting a much higher Regional Housing Needs Allocation (RHNA) than previous planning cycles and navigating new State laws pertaining to housing.

1 The Town must adopt and receive an HCD compliance letter within 120 days of the statutory deadline (i.e., October 13, 2027) to preserve the maximum three-year rezone window.

2 To assist with the preparation of the 7th cycle Housing Element, a Request for Proposal (RFP) from qualified consulting firms was issued on July 20, 2026 and had a submittal deadline of August 21, 2026. The Town received seven submittals in response to the RFP.

ANALYSIS:

All government funded consultant procurement processes must be conducted using a fair and competitive process. The Town received seven proposals in response to the RFP and were reviewed by the Town’s review panel using an independent, objective review process.

Proposals were rated by each reviewer based on responsiveness to the RFP, including each firm’s applicable experience, qualifications of staff assigned to the project, schedule, and cost. The scores were combined and a final score sheet was created for comparison. The final score sheet showed that the proposal from Ascent Environmental, Inc. received the highest combined score. Staff found their approach, cost estimate, and schedule to be reasonable and realistic. The schedule has the Town missing the initial June 15th deadline but meeting the 120-day window for certification. The main reason for the schedule delay is that HCD requires up to 150 days combined for their two review periods (a 90-day review window for the draft and a 60-day review window for final review and certification). The proposed cost is $249,965. The scope of work, schedule, and budget are included as Exhibits A, B, and C in the draft Professional Service Agreement (Attachment 1).

Due to the complexity of State Housing Element law and the wide range of expertise that is required to prepare a housing element that is consistent with statewide housing statutes, Housing Element guidelines, and local issues, it is critical that the Town work with a consultant team with statewide housing element experience and who is familiar with the challenges and opportunities facing rural mountain resort communities. Ascent’s project team has extensive experience preparing over 70 housing elements for jurisdictions throughout California and have nearly completed Truckee’s 7th cycle housing element, which gives them unique experience working in a rural mountain resort community.

With assistance from Town staff, Ascent will prepare an update of the Town’s Housing Element in compliance with State Government Code Section 65583 for the 2027-2035 planning period and at a minimum will address the following tasks:

1. Review the current 6
th Cycle Housing Element goals, policies, and actions to assess the achievements of adopted housing programs and review the effectiveness of current housing element goals, policies, and related actions in meeting its community’s needs.

2. Analyze and review recently enacted state housing and general plan laws and where applicable, make recommendations to the Town on their implementation and incorporation into the Town’s Housing Element, General Plan, Town codes and regulations.

3. Prepare a comprehensive demographic and housing needs assessment pursuant to Government Code Section 65583 relying on data from the 2026 Eastern Sierra Regional Housing Needs Study to the maximum extent possible, and supplementing with other data from the Town of Mammoth Lakes, County of Mono, California Department of Finance, US Census, and American Communities Survey, Comprehensive Housing Affordability Strategy (CHAS).

3 4. Prepare an updated land inventory and analysis of land suitable for residential development, including vacant sites, sites having potential for redevelopment and sites having potential to be rezoned to meet RHNA requirements. See additional information about the 7th Cycle RHNA below.

5. Review and update the housing constraints analysis, which identifies and analyzes potential and actual governmental and non-governmental constraints to the maintenance, improvement, or development of housing for all income levels.

6. Update the Housing Element to address AB 686, which requires all public agencies in California to examine existing and future policies and programs and to make proactive changes to affirmatively further fair housing (AFFH) and create more inclusive communities.

7. Prepare the updated housing goals, policies, and actions based on the evaluation of the 6th Cycle Housing Element, new requirements of state law, analysis of housing needs and constraints, updates to the fair housing assessment, recommendations from the Eastern Sierra Regional Housing Toolkit, input from the community outreach and engagement program, discussions with Town staff, and best practices from comparable communities.

8. Conduct extensive community outreach and engagement.

9. Prepare the draft Housing Element and final Housing Element for review and certification by HCD.

10. Complete the required environmental review necessary for adoption and certification of the Housing Element.

11. Assist the Town with amendments to the Zoning Code to address state housing law and implement the Housing Element (as needed).
7 th Cycle Regional Housing Needs Allocation (RHNA)
As previously indicated, the 7
th cycle Housing Element update presents a number of
challenges for the Town, and it is anticipated that meeting the 7 th cycle Regional Housing
Needs Allocation (RHNA) will likely be the most challenging. HCD issued the final 7 th
Cycle RHNA determination for the Town, together with Mono County’s final determination, on January 23, 2026. The Town’s share of the 7 th Cycle RHNA is 543 units,
compared to 155 units for the 6
th Cycle RHNA, representing a 250% increase from the last planning cycle. The Town’s share of the RHNA is approximately 75% of the 727-unit RHNA for Mono County. This significant increase in the RHNA numbers will require careful and in-depth analysis by the Town of all vacant and under-developed land within the Town to identify an adequate number of sites for inclusion in the Site Inventory to accommodate the RHNA numbers for all the income categories and to potentially consider sites for rezoning if there is a shortfall in any categories. Table 1 identifies the Town’s 7 th
Cycle RHNA numbers distributed across the income categories, which includes a new statutory income category for acutely low-income households who earn less than or equal to 15% of AMI.

4 Table 1: 7th Cycle RHNA (2027-2035)
Income Category 2027-2035 RHNA % of Town’s RHNA
Acutely Low (≤ 15% AMI) 40 7.4%
Extremely Low (16%-30% AMI) 49 9.0%
Very Low (31%-50% AMI) 34 6.3%
Low (51%-80% AMI) 109 20.1%
Moderate (81%-120% AMI) 150 27.6%
Above Moderate (≥ 120% AMI) 161 29.7%
Total 543 100%
FINANCIAL CONSIDERATIONS:

The total project cost associated with Ascent’s proposal is $249,965 and will be paid for through allocation of housing funds and the general fund. The allocation of funding will be included in the next quarterly budget update.

ENVIRONMENTAL CONSIDERATIONS:

The execution of a contract to update the Town’s Housing Element is not considered a project under the California Environment Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3). As a result, these actions are exempt from environmental review. The Housing Element Update itself will be required to include environmental review and thus prior to adoption of the updated Housing element, environmental review will be conducted and the appropriate environmental document prepared. This will be presented to the Town Council at the time of adoption.

LEGAL CONSIDERATIONS:

The Town Attorney has reviewed and approved the proposed minor revisions to the Town’s model professional services agreement, and will work with staff and the consultants to finalize the agreement.

Attachments:

1. Professional Service Agreement with Ascent Environmental, Inc.

TOWN OF MAMMOTH LAKES

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of October 2026, by and between the Town of Mammoth Lakes, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 437 Old Mammoth Rd., Suite R, Mammoth Lakes, California, 93546 (“Town”) and Ascent Environmental, Inc, a California Corporation, with its principal place of business at 455 Capitol Mall, Suite 300, Sacramento, CA 95814 (“Consultant”). Town and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional planning and environmental consulting services required by the Town on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional planning and environmental consulting services to public clients, is licensed in the State of California, and is familiar with the plans of Town.

2.2 Project.

Town desires to engage Consultant to render such professional planning and environmental consulting services for the Town’s Seventh Cycle Housing Element Update (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional planning and environmental consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from October __, 2026 to June 30, 2028, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Ascent – October ___, 2026
2 3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of Town and shall at all times be under Consultant's exclusive direction and control. Neither Town, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, Town shall respond to Consultant's submittals in a timely manner. Upon request of Town, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Town.

3.2.4 Substitution of Key Personnel. Consultant has represented to Town that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Town. In the event that Town and Consultant cannot agree as to the substitution of key personnel, Town shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the Town, or who are determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the Town. The key personnel for performance of this Agreement are as follows: Christine Babla, Principal in Charge, Chelsey Norton, Project Director, Matt Gelbman, Project Manager, and Rebecca Pope, Assistant Project Manager.

3.2.5 Town's Representative. The Town hereby designates Nolan Bobroff, Community and Economic Development Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“Town's Representative”). Town's Representative shall have the power to act on behalf of the Town for

Ascent – October ___, 2026
3 review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The Town Manager shall be authorized to act on Town's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the Town Manager, Town's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Chelsey Norton, Project Director, or his/her designee, to act as its representative for the performance of this Agreement (“Consultant's Representative”). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with Town staff in the performance of Services and shall be available to Town's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Town, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom.

Consultant shall defend, indemnify and hold Town, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this

Ascent – October ___, 2026
4 Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. (C) Workers’ Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000 per claim and in the aggregate. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

Ascent – October ___, 2026
5 3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the Town for approval.
(A) The policy or policies of insurance required by Section 3.2.10.2(A), Commercial General Liability, shall be endorsed to provide the following:
(1) Additional Insured: Consultant agrees to endorse the third party general liability coverage required herein to include as additional insureds Town, its officials, employees, agents, and volunteers, using standard ISO endorsement No. CG 2010 with an edition date of 2010 or similar form. This provision shall also apply to any excess/umbrella liability policies. Consultant also agrees to require all contractors, subcontractors, and anyone else involved in any way with the Project contemplated by this Agreement to do likewise. (B) The policy or policies of insurance required by Section 3.2.10.2(C), Workers' Compensation, shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the Town and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of

Ascent – October ___, 2026
6 such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the Town. The Town shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement. In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

Contractor shall provide immediate written notice if: (i) any of the required insurance policies is terminated; (ii) the limits of any of the required policies are reduced; or (iii) the deductible or selfinsured retention is increased.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to the Town for review.

3.2.10.11 Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Consultant maintains higher limits than the minimums shown above, Town requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Town.

3.2.10.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the Town and approved of in writing.

3.2.10.13 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s

Ascent – October ___, 2026
7 limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

3.2.10.14 Timely Notice of Claims. Consultant shall give the Town prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Forty-Nine Thousand Nine Hundred and Sixty-Five dollars ($249,965) without written approval of the Town Council or Town Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to Town a monthly invoice. Town shall pay all undisputed amounts within 30 days of the receipt of each invoice.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Town, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, Town may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Town to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the Town.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of Town during

Ascent – October ___, 2026
8 normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. Town may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Town, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except in the event of a breach of Town’s obligations hereunder, which remains uncured 30 days after Town’s receipt of written notice from Consultant specifying alleged breach.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Ascent Environmental, Inc.
455 Capitol Mall, Suite 300
Sacramento, CA 95814
ATTN: Chelsey Norton, Project Director
Town: Town of Mammoth Lakes
PO Box 1609
437 Old Mammoth Road, Suite R
Mammoth Lakes, CA 93546
ATTN: Nolan Bobroff, Community and Economic
Development Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight

Ascent – October ___, 2026
9 (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Town to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that Town is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Town.

Town shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Town's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Town, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Town's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Town.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law,

Ascent – October ___, 2026
10 Consultant shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, but only to the extent caused by the negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including the payment of expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

3.5.6.2 Additional Indemnity Obligations. Consultant shall defend, with counsel of Town’s choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against Town or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Town or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse Town for the cost of any settlement paid by Town or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Town's attorney's fees and costs, including expert witness fees. Consultant shall reimburse Town and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Town, its directors, officials officers, employees, agents, or volunteers.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Mono County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 Town's Right to Employ Other Consultants. Town reserves the right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or

Ascent – October ___, 2026
11 transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Town. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to Town include its elected officials, directors, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to

Ascent – October ___, 2026
12 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of Town. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

TOWN OF MAMMOTH LAKES ASCENT ENVIRONMENTAL, INC
By: By:

Rob Patterson, Town Manager Christine Babla, Principal in Charge Attest:

By:

Amanda Olekszulin, Chief Operating
Officer / Chief Financial Officer
By:

Jamie Gray, Town Clerk
Approved as to Form:

By:

Andrew Morris, Town Attorney

Ascent – October ___, 2026
A-1
EXHIBIT "A"

SCOPE OF SERVICES

Ascent – October ___, 2026

B-1
EXHIBIT "B"

SCHEDULE OF SERVICES

Ascent – October ___, 2026

C-1
EXHIBIT "C"

COMPENSATION

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Hold a public hearing to consider a grant application and planned activities for the State Permanent Local Housing Allocation (PLHA) Program Council Meeting Date: 10/21/2026
Prepared by: Marcus Sproll, Housing Manager
Recommended Motion: Adopt the resolution approving a grant application to the State HCD for the Permanent Local Housing Allocation (PLHA) Program for the 2024-2028 funding cycle and approving the Town’s 2024-2028 Permanent Local Housing Allocation (PLHA) Plan.

Summary: On July 16, 2026 the California Department of Housing and Community Development (HCD) announced the release of the Permanent Local Housing Allocation Program (PLHA) CY 2024-2028 Formula Allocation Notice of Funding Availability (NOFA).

The PLHA is funded via the Building Homes and Jobs Act (SB 2, 2017), which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California.

Because the number of real estate transactions recorded in each county will vary from year to year, the revenues collected will fluctuate.

The PLHA provides grants via formula to local governments in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

The Town of Mammoth Lakes previously applied for, and was allocated, $496,879 in PLHA funds under the 2022 NOFA issued by HCD to implement a down payment assistance program. To date, $440,000 of those funds have been used to assist six (6) moderate income (up to 120% AMI) workforce households to purchase a home. Any PLHA loan funds that are repaid are put back into the down payment assistance program per the approved PLHA ReUse plan.

Due to the success and continued demand for the PLHA down payment assistance program, staff recommend the Town apply to receive additional PLHA funds under the HCD CY2024-2028 NOFA. The five-year total additional funding established by formula that is available to the Town is estimated to be $355,513 and can be used to provide down payment assistance to approximately five (5) additional moderate income workforce homebuyer households. $120,657 of these funds, from allocation years 2024 and 2025, would be available immediately upon HCD approval of the grant application, with the remaining funds available after they are collected in years 2026, 2027, and 2028.

The public hearing is an opportunity for the public and the Town Council to provide comments and direction on the activities to be included in the Town’s PLHA 2024-2028 plan. Additionally, the five-year plan can be amended for future year allocations to address changing conditions or uses for the funding as needed.

Attachments:

Attachment 1: Resolution Authorizing the PLHA Application and Plan Attachment 2: 2024-2028 PLHA Plan
Attachment 3: 2024-2028 PLHA ReUse Plan

_____________
___________________________________________________________ __________________________________________________________________ AUTHORIZING RESOLUTION OF _______________________________

AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
________________________________________________ of the ________________________________________________________ of _______________________________hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $137.5 million in CY 2024 funds and $147.2 in CY 2025 funds under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.(Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 07/16/2026 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS _______________________________ is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA ______________________ in accordance with all applicable rules and laws.

Enter Resolution No. Town of Mammoth Lakes the Town of Mammoth Lakes A necessary quorum and majority Council Members the Town of Mammoth Lakes, a Municipal Corporation Town of Mammoth Lakes Town of Mammoth Lakes$ 355,513.00

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2024-2028 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. If applicable: Applicant certifies that it was delegated by _______________________ to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of owner-occupied housing, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(5)(A),(B) and (C).

10. If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. ______________________________________ is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate. Per California Government Code Section 40602 If a city applicant designates anyone other than the Mayor as the Authorized Representative, the application must include a copy of the ordinance that explicitly grants this authority to the designated officer.
n/a Town Manager

PASSED AND ADOPTED at a regular meeting of the __________________________ this day of, 2026, by the following vote:

AYES: ABSTENTIONS: NOES: ABSENT:

Signature of Approving Officer:_______________________________ ___________________________________________
INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of _________________________________ does hereby attest and certify that the ________________________ Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the
__________________________________ which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Signature of Attesting Officer
_________________________
Town of Mammoth Lakes October Enter no. Enter no. Enter no. Enter no. Signature of Approving Officer Amanda Rice, Mayor Jamie Gray attached Town of Mammoth Lakes Signature of Attesting Officer Jamie Gray, Town Clerk

Permanent Local Housing Allocation (“PLHA”)
Section 302(c)(4) Plan
2024-2028 Allocation Years
Use of PLHA Funds – Down Payment Assistance Program
The Town of Mammoth Lakes plans to use the PLHA funds towards a Down Payment Assistance Program to provide loans to qualified low- and moderateincome households to buy affordable homes.

Eligible households include low- and moderate-income households, which include households at or below 60% of the AMI. Therefore, households at or below the 60% AMI level are eligible and encouraged to apply for funding.

The Town of Mammoth Lakes Housing Element includes Policy H.2.A: Utilize a range of strategies to facilitate a diverse range of housing types, consistent with Town design and land use policies, to meet the needs of all local residents, particularly the local workforce and Action H.2.A.4: The Town will gather research and data to support a program that builds upon the existing Homebuyer Assistance program through Mammoth Lakes Housing, Inc. to assist moderate- and middleincome households, up to 200% AMI with down payment assistance or assistance with second mortgages.

PLHA Funding Allocation by Year:

Allocation Year Funds
Allocated
Program Admin
Requested
2024 $56,882 Down Payment Assistance $0
2025 $63,775 Down Payment Assistance $0
2026 TBD Down Payment Assistance $0
2027 TBD Down Payment Assistance $0
2028 TBD Down Payment Assistance $0
Estimated
5-Year Total $355,513 Down Payment Assistance $0

Permanent Local Housing Allocation (“PLHA”)
Program ReUse Plan
2024-2028 Allocation Years
The Town will reuse any program income generated from the PLHA program to continue to provide down payment assistance loans to income qualified households.

The Town commits to maintaining policies and procedures that segregate the PLHA program income funds for future reuse in accordance with the following policies:
a. All repayments of PLHA loan principle and interest, if any, shall be received by the Town and deposited into a separate reuse account maintained by the Town’s Finance Department. The Town maintains a loan portfolio that tracks borrower name and address, loan/reference number, grant year, and principal. b. The reuse account shall be an interest-bearing account into which all earned interest shall be deposited. Interest earned shall be considered reuse funds and will be used in the same manner and with the same restrictions as program income.
c. All funds deposited into the reuse account shall be the property of the Town. d. All PLHA reuse funds shall be expended in accordance with PLHA regulations. This includes, but is not limited to, income levels, homebuyer education requirements, and maximum subsidy amounts.
e. Reuse funds shall be used within the municipal boundaries of the Town of Mammoth Lakes.
f. The Town shall allow HCD full access to the reuse account records for the purpose of determining compliance with PLHA regulations.

1 TOWN COUNCIL STAFF REPORT
Title: Hold a public hearing to discuss expenditures and accomplishments of the Town’s 2021 Community Development Block Grant (21-CDBG-HA-00015) Meeting Date: October 21, 2026
Prepared by: Nolan Bobroff, Community and Economic Development Director Marcus Sproll, Housing Manager
RECOMMENDATION:

Hold a public hearing to discuss expenditures and accomplishments of the Town’s 2021 Community Development Block Grant (21-CDBG-HA-00015).

SUMMARY: The purpose of this public hearing is to give the Town Council and community members an opportunity to provide public comments on the Town’s performance related to the Community Development Block Grant (CDBG) awarded to the Town for the Access Apartment project (21-CDBG-HA-00015). Notification of the public hearing was posted in five (5) unique public places as a printed legal notice within the local government on Tuesday, October 6, 2026 in accordance with the CDBG Public Participation requirements.

Project Summary
The Access Apartments project is located at 238 Sierra Manor Road and rehabilitated the existing two (2) commercial buildings into 13 income-restricted residential apartment units.  Of the 13 units, seven (7) are restricted to low-income households (≤ 80% AMI) and six (6) are restricted to moderate-income households (≤ 120% AMI).  The project proponent was Mammoth Lakes Housing (now known as Eastern Sierra Community Housing [ESCH]) and ESCH will continue to own and operate the project. For this project, ESCH was a subrecipient on the grant and the CDBG funding flowed through the Town as the grant recipient and was then paid to ESCH by the Town under a subrecipient agreement.
 ~$7.2M in CDBG funds were committed to the project ($92,832 in program income and ~$7.1M in new CDBG funding). Other funding sources included: $2.2M from the Town, $600,000 from Mono County, with the remainder coming from multiple sources, including ESCH (owner) contributions, private donations, and other grant programs.  Construction was largely completed in December 2025, and 100% occupancy was achieved in April 2026.
 ESCH continues to work on addressing minor construction deficiencies and expects to fully complete the project by the end of October 2026.
 This project was a great example of the various local entities (ESCH, the Town, Mono County, and other regional partners) working together to address the critical housing needs of the community and provide housing units at a range of income categories.  The provision of the 13 units (seven (7) low-income units and six (6) moderate-income units) helped the Town make progress towards satisfying our State Regional Housing Needs

2 Allocation (RHNA) goals, especially with regards to the moderate-income category since this is the hardest category to satisfy due to funding limitations for projects that target moderateincome households.

Project Timeline
 August 2020: Town Council authorized staff to submit a CDBG application for the Access Apartments project requesting a grant award of up to $3.5M under the 2019-2020 CDBG Notice of Funding Availability (NOFA). (Note: The amounts requested from various applicants significantly exceeded the amount of funding allocated under the NOFA, and awards were delayed for multiple years.)
 April – December 2022: Town was awarded $3,000,701 in CDBG funding for the project and the Standard Agreement with the State was signed in December 2022. Aside from the CDBG funding, MLH had secured a $4.2M HOME grant, a $1.5M commitment from the Town, and various other funding commitments.
 January – March 2023: An RFP was issued for the project seeking bids from qualified contractors for the rehabilitation construction work. Bids were received from two (2) entities.

Both bids exceeded the amount of funding available, and the bids were rejected. Following the bid rejection, ESCH worked with the lowest bidder (Menemsha) to value engineer the project and identify additional funding sources. The scope of the project was also changed to add two additional units (11 units to 13 units) and adjust the target AMIs from 30% - 80% AMI to 30% - 120% AMI.
 December 2023: Town committed an additional $700,000 to the project, thereby increasing the Town’s commitment from $1.5M to $2.2M. ESCH was also successful in getting a commitment of $600,000 from Mono County. This increase in funding closed the remaining funding gap and allowed the project to move forward towards construction.  June 2024: The CDBG division of the State Department of Housing and Community Development (HCD) identified additional funding and worked with the Town to commit an additional $4.2M to the project under the CDBG grant, thereby increasing the Town’s CDBG grant from $3M to $7.2M. This allowed ESCH to forego the $4.2M HOME grant, resulting in a more streamlined funding stack and less restrictive regulatory oversight since there is only one set of program requirements to comply with. This also allowed for the target AMIs to be adjusted to 80% AMI and 120% AMI since the CDBG program does not require “deep-income targeting” (i.e., focus on 30%-50% AMI households) like the HOME program does.  July 2024: With all funding secured, the construction contract was signed by ESCH and Menemsha, and the building permit for the project was issued.  December 2025: Construction was largely completed and a Temporary Certificate of Occupancy was issued which allowed for the initial nine (9) units to be leased.  January – April 2026: The final Certificate of Occupancy was issued in January 2026, and the project was 100% leased up by April 2026.
 April – October 2026: ESCH worked on finalizing outstanding construction issues and to complete final invoicing for the project. As of September 2026, 100% of the CDBG funds have been utilized and the Town has been fully reimbursed by HCD.

Community Development Block Grant
(CDBG)
Town Council Public Hearing
Close-Out of 2021 CDBG Grant
(21-CDBG-HA-00015)
October 21, 2026
Marcus Sproll, Housing Manager
Town of Mammoth Lakes

Housekeeping Items
• To provide public comments, come up to the podium during public comments or join the Zoom call and raise your hand.

Login methods:
• https://monocounty.zoom.us/s/92958002088
• Dial 1-669-900-6833 and when prompted, enter the following Webinar ID: 929 5800 2088
Public Hearing Purpose
• Provide public and Town Council an opportunity to hear about and provide input on the accomplishments completed with the CDBG grant funds

Overview
• Community Development Block Grant (CDBG) is a federal grant program • Supports housing, infrastructure, and economic opportunities for low- and moderate-income communities
• As a smaller “non-entitlement” jurisdiction, the Town must apply as a CDBG subrecipient of the State of California
• Department of Housing and Community Development (“HCD”) administers the CDBG program for the State
• Town administered the multifamily housing rehabilitation project in partnership with Eastern Sierra Community Housing (“ESCH”)

PROVIDE PUBLIC COMMENTS
Online:
https://monocounty.zoom.us/s/92958002088
Phone: Dial 1-669-900-6833 and then enter 929
5800 2088

Grant Timeline
• August 2020 – Town Council authorized application for CDBG grant to fund a multifamily housing rehabilitation project
• December 2022 – State HCD awarded $3M to the project
• June 2024 – State HCD awarded additional $4.1M
• September 2026 – Grant expenditure deadline
• October 2026 – Grant closeout

PROVIDE PUBLIC COMMENTS
Online:
https://monocounty.zoom.us/s/92958002088
Phone: Dial 1-669-900-6833 and then enter 929
5800 2088

Grant Expenditures
• $7,193,532.68 in Awarded funds
• $7,100,701 of grant funds & $92,831.68 in Program Income • Multifamily Housing Rehabilitation - $7,191,715.52
• 13 rental units - 7 Low-Income, and 6 Moderate-Income Households Assisted • General Administration - $1,817.16
• Paid to TOML for administration costs
• TOML adjusted budget and committed all remaining General Administration funds to the Rehab project

PROVIDE PUBLIC COMMENTS
Online:
https://monocounty.zoom.us/s/92958002088
Phone: Dial 1-669-900-6833 and then enter 929
5800 2088

Grant Accomplishments

PROVIDE PUBLIC COMMENTS
Online:
https://monocounty.zoom.us/s/92958002088
Phone: Dial 1-669-900-6833 and then enter 929
5800 2088 • The project rehabilitated two existing commercial buildings into 13 new affordable deed-restricted
rental units within Town limits.
• (7) low-income (≤ 80% AMI) and (6) moderate-income
(≤ 120% AMI) households assisted
• The provision of these new units helps the Town make
progress towards satisfying State Regional Housing
Needs Allocation (RHNA) goals
• This collaborative project is a great example of
different local entities (ESCH, the Town, Mono County,
and other regional partners) working together to
address the critical
housing needs of the community.

Next Steps
• Submit close-out reports to the State HCD

PROVIDE PUBLIC COMMENTS
Online:
https://monocounty.zoom.us/s/92958002088
Phone: Dial 1-669-900-6833 and then enter 929
5800 2088

1 TOWN COUNCIL STAFF REPORT
Title: Hold a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”) for the rehabilitation of four existing Mammoth Lakes Family apartment projects within Mammoth Lakes.

Meeting Date: October 21, 2026
Prepared by: Nolan Bobroff, Community and Economic Development Director RECOMMENDATION:

Staff recommend the Town Council:
1) Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”).
2) Adopt the resolution approving the issuance of the Bonds by the CMFA for the benefit of WDV Mammoth Lakes, LP, a California Limited Partnership (the “Borrower”), a partnership of which West Development Ventures, LLC (the “Developer”) or a related person to the Developer is the general partner, to provide for the financing of the rehabilitation of four (4) existing Mammoth Lakes Family apartment projects, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following).

BACKGROUND:

The California Municipal Finance Authority (the “CMFA”) was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities have become members of CMFA. The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

WDV Mammoth Lakes, LP (the “Borrower”) requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $30,000,000 of tax-exempt revenue bonds (the “Bonds”). The proceeds of the Bonds will be used to finance or refinance the acquisition, rehabilitation, improvement and equipping of the following multifamily rental housing facilities: (a) Aspen Village, 1700 Old Mammoth Road, Mammoth Lakes, California, consisting of 48 units (Bond proceeds in an amount not to exceed $7,700,000), (b) Manzanita Apartments, 44 Manzanita Road, Mammoth Lakes, California, consisting of 14 units (Bond proceeds in an amount not to exceed $2,400,000), (c) The Jeffreys, 312 Lupin Street, Mammoth Lakes, California, consisting of 14 units (Bond proceeds in an amount not to exceed $2,300,000), and (d) The Jeffreys, 129 Dorrance Drive, Mammoth Lakes, California, consisting of 2 units (Bond proceeds in an amount not to exceed $300,000) (the “Project”).

In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the Town of Mammoth Lakes (the “Town”) must conduct a public hearing (the “TEFRA Hearing”) providing the members

2 of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. The Town published a notice of this hearing on the Town’s website (https://www.townofmammothlakes.ca.gov/1396/Public-Hearing-Notices) on October 8, 2026 and in The Sheet newspaper on October 10, 2026. Following the close of the TEFRA Hearing, an “applicable elected representative” (in this case the Town Council) of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the Town will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the Town or the State of California but are to be paid for solely from funds provided by the Borrower.

There are no costs associated with membership in the CMFA, and the Town will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the Town in the CMFA will not impact the Town’s appropriations limits and will not constitute any type of indebtedness by the Town. Outside of holding the TEFRA hearing and adopting the required resolution, no other participation or activity of the Town or the Town Council with respect to the issuance of the Bonds will be required.

FINANCIAL CONSIDERATIONS:

The Board of Directors of the California Foundation for Stronger Communities, a California nonprofit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA.

Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the Town of Mammoth Lakes, it is expected that a portion of the issuance fee attributable to the Town will be granted by the CMFA to the general fund of the Town. Such grant may be used for any lawful purpose of the Town.

LEGAL CONSIDERATIONS:

None. The Town Attorney has reviewed the request and the attached documents and is supportive of moving forward with this process.

ATTACHMENTS
Attachment 1: Town Council Resolution 26-__

RESOLUTION NO. 2026-__

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA, APPROVING THE

ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $30,000,000 FOR THE PURPOSE OF

FINANCING OR REFINANCING THE ACQUISITION,

REHABILITATION, IMPROVEMENT AND EQUIPPING OF

MAMMOTH LAKES FAMILY APARTMENTS AND CERTAIN OTHER

MATTERS RELATING THERETO
WHEREAS, WDV Mammoth Lakes, LP (the “Borrower”) a partnership of which West Development Ventures, LLC (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $30,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, rehabilitation, improvement and equipping of the following multifamily rental housing facilities: (a) Aspen Village, 1700 Old Mammoth Road, Mammoth Lakes, California, consisting of 48 units (Bond proceeds in an amount not to exceed $7,700,000), (b) Manzanita Apartments, 44 Manzanita Road, Mammoth Lakes, California, consisting of 14 units (Bond proceeds in an amount not to exceed $2,400,000), (c) The Jeffreys, 312 Lupin Street, Mammoth Lakes, California, consisting of 14 units (Bond proceeds in an amount not to exceed $2,300,000), and (d) The Jeffreys, 129 Dorrance Drive, Mammoth Lakes, California, consisting of 2 units (Bond proceeds in an amount not to exceed $300,000) (the “Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the Town of Mammoth Lakes (the “Town”) because the Project is to be located within the territorial limits of the Town; and WHEREAS, the Town Council of the Town (the “Town Council”) is the elected legislative body of the Town and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the Town Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the Town; and
WHEREAS, pursuant to Section 147(f) of the Code, the Town Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority.

Resolution No. 26-

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL, AS
FOLLOWS:

Section 1. The foregoing resolutions are true and correct.

Section 2. The Town Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the Town Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The Town shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the Town or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the Town are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 6. This resolution shall take effect immediately upon its adoption.

ADOPTED by the Town Council of the Town of Mammoth Lakes at a regular meeting of the Town Council held on the 21st day of October, 2026. __________________________________________
AMANDA RICE, Mayor
ATTEST:
___________________________________
JAMIE GRAY, Town Clerk

1 TOWN COUNCIL STAFF REPORT
Title: Appeal of TOT/TBID penalties and interest by Michael Cisneros Meeting Date: October 21, 2026
Prepared by: Chris Cambio, Revenue Generalist
Ben Manning, Revenue Accountant
RECOMMENDATION:

Staff are recommending the Council make a finding of noncompliance with the Town of Mammoth Lakes Municipal Code and uphold penalties and interest (P&I) in the amount of $7,854.39. This total resulting from the unregistered transient rental of 25 Lee Road, Unit 143 over a three-year period (July 2023 – July 2026) and the unreported gross income of $80,299 generated over that same period.

BACKGROUND:

Chapter 3.12 of the Municipal Code established the Uniform Transient Occupancy Tax Ordinance for the Town of Mammoth Lakes. Per this Municipal Code chapter, unreported income generated by transient rental activity is subject to penalties and interest.

The Town’s Municipal Code section 3.12.090 - Original Delinquency requires that “Any operator who fails to pay any tax or file any return imposed by this chapter within the time required shall pay, in addition to such tax and any interest such tax may accrue, an original delinquency penalty of $10.00 or 15 percent of the amount of the tax, whichever dollar amount is greater. Every penalty imposed, and such interest as accrues under the provisions of this chapter, shall become part of the tax required to be paid. Interest shall accrue on all unpaid taxes until paid.”
Code Section 3.12.130 - Interest requires “In addition to the penalties imposed by this chapter, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of 1.5 percent per month or fraction thereof on the amount of the tax, inclusive of penalties, from the date on which the remittance first become delinquent, until paid.” ANALYSIS:

August 10th – Initial discovery of the unidentified property.

August 17th – Property was identified as 25 Lee Rd #143 and owned by Mr. Cisneros.

Property was determined unregistered with no active Certified Property Authorization Number (CPAN). At this time, it was noted there were 74 reviews on the property listing going back at least 3 years.

2 August 19th – The property identification was confirmed in person based on the listing’s photos. A notice and citation were posted on the door of the property and citation/letter were sent by both regular and certified mail.

August 20th – Darlene Tardiff, the host of the listing, reached out on Mr. Cisneros’ behalf via phone. Ms. Tardiff provided the necessary revenue documents as directed over the phone. These revenue records showed $79,657.70 in unreported revenue. An initial Notice of Determination (NOD) was drafted resulting in a determination of $20,064.23 in owed TOT/TBID, P&I, and citations. Staff requested that Mr. Cisneros and Ms. Tardiff review and verify income for the NOD totals based on their records.

August 28th – Staff spoke on the phone with Ms. Tardiff and Mr. Cisneros, discussed the NOD and the factors that led to the case. The Town offered a payment plan as Mr. Cisneros explained a one-time payment would create financial difficulty. Mr. Cisneros and Ms.

Tardiff declined the option of a 6-month payment plan, claiming it would not be a long enough re-payment period and the resulting financial hardship would force them to sell the property. Ms. Tardiff and Mr. Cisneros requested we initiate an appeal before Town Council to forgive the P&I.

August 31st – A second draft of the NOD was sent for review. Additionally, per Ms.

Tardiff’s request, Municipal Code chapters were provided explaining all the amounts due on the NOD.

September 3rd – Ms. Tardiff Spoke with Revenue Accountant Ben Manning regarding the case and her concerns over P&I. No agreement could be reached regarding repayment as Ms. Tardiff still wished to appeal the P&I. Ms. Tardiff was instructed on next steps; requesting that she write an email or letter explaining Mr. Cisneros’ case and requesting an appeal before Town Council.

September 9th – Ms. Tardiff sent a requested clarifying revenue document. NOD #3 is drafted, with a total due of $20,111.45. This total includes $11,757.06 in TOT/TBID due, $7.854.39 in P&I due, and $500 in citations for unregistered renting. The Finance Department maintains that this is the most accurate draft based on the revenue documentation.
(Table provided on next page)

3 NOTICE OF DETERMINATION #3 (FINAL) (25 Lee RD, Unit 143) Actual revenue from summaries $80,299.68
Caselle reported revenue $0
Unreported revenue $80,299.68
TOT/TBID due $11,757.06
Penalties and Interest $7,854.39
Administrative citations $0
Enforcement charges $500
Total Charges $ 20,111.45
September 15th – Ms. Tardiff emailed her official request for an appeal. It was forwarded to Town Clerk Jamie Gray, who scheduled the appeal with Town Council for Oct. 21st.

OPTIONS ANALYSIS
Option 1: To make a finding of noncompliance with the Town of Mammoth Lakes Municipal Code and uphold the penalties and interest in the amount of $7,854.39 accrued by Michael Cisneros for non-remittance of taxable revenue owed to the Town over a 3- year period.

Option 2: To make alternate findings and direct Town staff accordingly.

FINANCIAL CONSIDERATIONS:

The Town of Mammoth Lakes relies on transient occupancy tax for its General Fund, without which it would not be able to provide services such as snow removal, recreation programming, and road maintenance. To waive penalties and interest would result in a significant loss of TOT revenue and 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 due to the Town. The Town Council is acting in a semi-judiciary capacity and may reduce or amend the recommendation of the Tax Collector.

Hi Chris,
Please accept this email as our formal written request to appeal the Notice of Determination for 25 Lee Road, Unit 143, Mammoth Lakes, CA 93546.

We are not disputing the underlying TOT/TBID tax obligation reflected in NOD Draft #3.

We accept responsibility for and are prepared to pay the underlying tax amount.

We are appealing the penalties and accumulated interest, as well as the requirement that the property remain unable to rent until the entire assessed balance has been paid.

Our request for relief is based on the particular circumstances surrounding this matter.

We purchased the property in March 2023 as an existing short-term rental and received the seller’s existing Town rental documentation. We believed we were continuing an existing rental operation and that the applicable occupancy taxes associated with our Airbnb rentals were being handled through the platform. We did not knowingly collect Mammoth Lakes TOT/TBID from our guests and retain those taxes, nor were we intentionally attempting to avoid the Town’s requirements. Doing so would have provided us no financial benefit, as the occupancy tax ordinarily would have been paid by the guest.

We recognize now that we should have conducted our own due diligence regarding the Town’s short-term rental registration and tax requirements rather than relying on our understanding of the information provided by Airbnb. We accept responsibility for the underlying tax obligation resulting from our failure to do so.

During our discussions regarding the assessment, we also discussed the additional 25% fraud penalty, and that penalty was not included in our assessment. Our understanding from that conversation was that you did not consider our circumstances to warrant the additional fraud penalty. We believe the absence of a fraud penalty is consistent with what we have explained throughout this process: this was not an intentional effort to evade or retain taxes owed to the Town.

We received no notice that there was a licensing or tax-compliance problem until August 2026. As you recently confirmed to us in writing, the property was on a list from the Town’s third-party service used to sort live advertisements on sites such as Airbnb. You advised us that the list was initially pulled on August 10, 2026, the property was identified on August 17, 2026, and citations, letters and the property posting went out on August 19, 2026.

Once we learned there was a problem, we immediately cooperated with the Town, provided the requested rental information and took steps toward bringing the property into compliance.

Under these circumstances, we respectfully disagree with imposing approximately three years of accumulated penalties and interest. We are requesting that the Town Council consider waiving or substantially reducing the penalties and interest while leaving the underlying TOT/TBID tax obligation intact.

We also request that the Council consider allowing the property to resume lawful shortterm rental operations once all current licensing, certification and tax-account requirements have been established and approved by the Town, rather than requiring the entire historical assessment—including the disputed penalties and interest—to be paid before the property may rent again.

Allowing the property to resume lawful rentals would provide a source of income that could be applied toward payment of the remaining obligation, particularly with the winter rental season approaching. The ability to generate rental income during the winter season would allow us to satisfy the remaining obligation substantially sooner than would otherwise be possible under a six- or twelve-month payment arrangement. Our goal is to resolve the outstanding obligation as quickly as reasonably possible while remaining fully compliant with all Town requirements going forward.

We intend to provide supporting documentation and additional information for the Town Council’s consideration as part of the appeal process.

Please confirm receipt of this written appeal request and advise us of the appeal hearing date, any deadlines for submitting supporting materials, and the procedure for submitting our documents and exhibits for the Council’s consideration.

Thank you,
Darlene Tardiff
Michael Cisneros

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 1

TOWN OF MAMMOTH LAKES

TOWN COUNCIL APPEAL HEARING
Transient Occupancy Tax / TBID Assessment Appeal
Hearing: Wednesday, October 21, 2026
Property: 25 Lee Road, Unit 143, Mammoth Lakes, California 93546 Appellants: Darlene Tardiff and Michael Cisneros
Relief requested: Individualized reduction or waiver of penalties and interest as legally authorized; review of the $500 enforcement charge; and a lawful path to rental reinstatement with a payment arrangement for historical taxes.

Submission packet with original Town exhibits, enforcement documentation, relevant code provisions, and three seasons of Airbnb earnings reports.

Prepared October 12, 2026. All historical rental figures are payouts before additional operating costs and applicable taxes.

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 2

CONTENTS & EXHIBIT INDEX
The following page references are PDF page numbers, including exhibit divider sheets.

Written appeal and requested Council action 3–5
Exhibit A — 2021 Town Year in Review: Rentalscape 7
Exhibit B — Cozen appeal: 2013 Town staff report 9–12
Exhibit C — Seasons 4: 2016 Town staff report 14–16
Exhibit D — Relevant Municipal Code pages 18–21
Exhibit E — Assessment figures summary 23
Exhibit F — Town staff enforcement timeline email 25
Exhibit F-1 — Town enforcement screenshots 27–32
Exhibit I — Winter rental history and original reports 34–40 Record limitations: Exhibit B is a 2013 staff report and does not establish the final Council vote. Exhibit C is a 2016 staff recommendation and does not establish the final Council decision. Exhibit E is a summary of the owner-provided assessment figures. Exhibit F is a screenshot excerpt without the visible sender/date header.

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 3

WRITTEN APPEAL AND DEFENSE

1. Acknowledgment of the underlying obligation
We purchased the condominium in March 2023 as an existing vacation rental. We misunderstood our obligation to obtain our own Town authorization and independently comply with transient occupancy tax (TOT) and Tourism Business Improvement District (TBID) requirements. We acknowledge responsibility for the underlying amounts and intend to pay them. We did not separately collect and retain Mammoth Lakes TOT/TBID from guests; consequently, the historical amounts must be paid from our own funds. We recognize that this does not excuse the failure to comply.

2. Assessment and requested relief
The September 2026 figures provided to us show $11,757.06 in underlying TOT/TBID, $3,891.86 in penalties, $3,962.53 in interest, and a $500 enforcement charge, totaling $20,111.45 (Exhibit E). We do not seek forgiveness of the underlying tax and assessment. We respectfully request waiver or substantial reduction of additional penalties and interest, if legally permitted, and review of the enforcement charge.

3. Town monitoring and notification
The Town staff email supplied with this appeal states that a third-party advertising-monitoring list was pulled on August 10, 2026, the property was identified on August 17, and citations, letters, and posting followed on August 19 (Exhibit F). The Town’s enforcement documentation contains listing and property screenshots (Exhibit F-1).

The Town’s 2021 Year in Review describes Rentalscape monitoring as intended to bring operators into compliance quickly and limit outstanding TOT (Exhibit A). Earlier identification and notice might have corrected our misunderstanding sooner and limited accumulating charges. We do not assert intentional Town delay, a vendor malfunction, or that monitoring relieved us of our own obligations.

4. Past consideration of penalty and interest appeals
The 2013 Cozen Town staff report explains that the Council could uphold or modify a Tax Collector determination based on evidence presented (Exhibit B). This report recommended upholding that particular assessment; it does not establish the ultimate Council decision. In the 2016 Seasons 4 matter, Town staff recommended limiting penalties and interest to approximately one month because of specific extenuating circumstances and the time before an unpaid amount was discovered (Exhibit C). That is a staff recommendation, not proof of Council adoption. The facts differ from ours; we request individualized consideration rather than automatic application of another case.

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 4

5. Applicable Municipal Code
The attached Town Code pages address delinquency penalties, interest, determinations, and appeals (Exhibit D).

Section 3.12.110 conditionally permits the Tax Collector to reduce penalties and interest to one month when specified Town notification requirements have not been met. We ask the Council to evaluate what lawful relief, if any, is available on the evidence. We do not suggest that the date of monitoring detection alone satisfies the section’s prerequisites.

6. Winter rental history and repayment opportunity
We have not operated the condominium as a short-term rental since August 19, 2026. Original Airbnb earnings reports show December–February payouts of $15,928.02 in 2023–24, $15,028.21 in 2024–25, and $5,007.14 in 2025–26; the three-season average was $11,987.79 (Exhibit I). These are platform payouts, not net profits after expenses or local taxes, and future bookings are uncertain. The recent lower season makes that uncertainty especially important.

We ask the Council to consider a legally permissible route to reinstatement after all current requirements are met, together with an approved arrangement for the historical balance. We would remain current on all new obligations and apply available rental proceeds, after expenses and current taxes, toward the prior debt. We are not asking to rent without authorization.

7. Personal circumstances and financial hardship
Michael Cisneros has served for more than 25 years as a Los Angeles County firefighter-paramedic. Following an injury, he has experienced a reduction in income. Together with the loss of rental receipts since August 19, these circumstances have increased the financial strain of paying the historical assessment from our own funds. We do not claim that public service excuses tax obligations; we ask that the Council consider these circumstances in evaluating the additional charges and a practical repayment path.

8. Cooperation and request for individualized consideration After receiving the Town’s notice, we worked to understand the assessment and pursue the appeal process. We accept the responsibility to comply with current requirements and to pay the underlying amounts. We ask the Council to weigh our acknowledgment, the enforcement timeline, historical winter receipts, and the consequences of an extended rental prohibition when exercising any available discretion.

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 5

REQUESTED COUNCIL ACTION
• Recognize the underlying TOT/TBID amount of approximately $11,757.06, subject to reconciliation. • Waive or substantially reduce accumulated penalties and interest if authorized, or grant the maximum lawful reduction supported by the record.
• Review the $500 enforcement charge and reduce or waive it only if legally authorized. • Approve, if within Council authority, a lawful path to short-term rental reinstatement once current requirements are met, with an approved payment arrangement for historical taxes. • Allow available lawful future rental proceeds, after current taxes and operating expenses, to be directed toward historical obligations.
• State the factual and legal basis for the Council’s determination.

We respectfully seek a workable path to satisfy the Town’s underlying claim while preserving the opportunity to generate income through fully compliant winter rentals.

Respectfully submitted,
Darlene Tardiff and Michael Cisneros

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 1

EXHIBIT A
Town 2021 Year in Review
Official Town publication, printed page 13: short-term rental monitoring program and Rentalscape. Original page follows.

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 1

EXHIBIT B
Cozen Appeal (2013)
Town Council staff report, February 20, 2013, concerning 382 Hillside. This report does not establish the final Council vote. Four original pages follow.

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 1

EXHIBIT C
Seasons 4 Rentals (2016)
Town staff report recommending a one-month penalty-and-interest assessment under particular circumstances. Final Council disposition not established by this report. Three original pages follow.

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 1

EXHIBIT D
Municipal Code
Four original pages from the owner-provided Town of Mammoth Lakes Code, April 2026 supplement, including Chapter 3.12 delinquency, interest, and appeal provisions.

3.12.090. Original delinquency.

Any operator who fails to pay any tax or file any return imposed by this chapter within the time required shall pay, in addition to such tax and any interest such tax may accrue, an original delinquency penalty of $10.00 or 15 percent of the amount of the tax, whichever dollar amount is greater. Every penalty imposed, and such interest as accrues under the provisions of this chapter, shall become part of the tax required to be paid. Interest shall accrue on all unpaid taxes until paid. (Code 1990, § 3.12.090; Ord. No. 93-08, § 1, 1993; Ord. No. 15-07, § 2, 10-7-2015; Ord.

No. 24-03, exh. A(3.12.100), 3-20-2024)

3.12.100. Continued delinquency.
(a) Any operator who fails to pay any delinquent tax, penalties, and interest during the original delinquency period, shall pay an additional delinquency penalty, over and above that provided in Section 3.12.090, of $10.00 or 15 percent of the amount of the tax, penalties and interest then due, whichever is greater. (b) The Tax Collector shall give written notice to any operator who fails to report or remit tax, penalties, and interest for two delinquency periods. The notice shall include the intention to revoke the business tax certificate and/or certified property authorization after 15 days from the date on the notice should the returns due not be filed and/or the taxes, penalties, and interest then due not be paid. Written notice shall be deemed given when a copy of the same is enclosed in a sealed envelope with postage thereon fully prepaid and certified in the United States mail and addressed to that address given by the operator in the application for the business tax certificate and/or certified property. The business tax certificate and/or certified property authorization shall be revoked upon lapse of the 15 days provided in the notice, if all taxes, penalties, and interest are not paid in full within the 15-day period. (Code 1990, § 3.12.100; Ord. No. 91-10, § 1, 1991; Ord. No. 14-11, § 2A, 12-3-2014; Ord.

No. 15-07, § 2, 10-7-2015; Ord. No. 24-03, exh. A(3.12.110), 3-20-2024)

3.12.110. Adjustment of penalty and interest.

Notwithstanding Sections 3.12.090 and 3.12.100, if the Tax Collector determines that any of the requirements established by the Town for notifying an operator of a transient occupancy unit is delinquent in remitting a return and paying tax as required by this chapter have not been met, the Tax Collector may reduce the penalty and interest due on an account to only one month of penalties and interest. (Code 1990, § 3.12.105; Ord. No. 17-04, § 2, 3-15-2017; Ord. No. 24-03, exh. A(3.12.120), 3-20-2024)
REVENUE AND FINANCE 3.12.110
CD3:21

3.12.120. Fraud.
(a) If the Tax Collector determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto in addition to all other penalties provided in this chapter. (b) In addition to the penalty established in the preceding sentence, if an operator without a business tax certificate is found to have committed a violation of nonpayment of any remittance due under this chapter for a second or subsequent instance the operator will be deemed to have committed fraud and is subject to an additional penalty of 25 percent of the amount of the tax due for each case. (c) An operator who collects taxes and fails to remit shall be deemed to have committed fraud.
(Code 1990, § 3.12.110; Ord. No. 91-10, § 1, 1991; Ord. No. 24-03, exh. A(3.12.130), 3-20-2024)

3.12.130. Interest.

In addition to the penalties imposed by this chapter, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of 1.5 percent per month or fraction thereof on the amount of the tax, inclusive of penalties, from the date on which the remittance first become delinquent, until paid. (Code 1990, § 3.12.120; Ord. No. 91-10, § 1, 1991; Ord. No. 15-07, § 2, 10-7-2015; Ord.

No. 24-03, exh. A(3.12.140), 3-20-2024)

3.12.140. Collection and report failure; Tax Collector determination.

If any operator fails or refuses to collect the tax imposed by this chapter and to make, within the time provided in this chapter, any report and remittance of the tax or any portion thereof required by this chapter, the Tax Collector shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due, or by estimation if no records are available. As soon as the Tax Collector procures such facts and information as the Tax Collector is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by an operator who has failed or refused to collect the same and to make such report and remittance, the Tax Collector shall proceed to determine and assess against such operator the tax, interest, penalties, and enforcement charges provided for by this chapter. In case such determination is made, the Tax Collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, first class postage prepaid and certified, addressed to the operator so assessed at the

3.12.120 MAMMOTH LAKES CODE
CD3:22

operator's last known address. Such operator may, within 15 days after the serving or mailing of such notice, make application in writing to the Tax Collector for a hearing on the amount assessed. If application by the operator for hearing is not made within the time prescribed, the tax, interest, penalties, and enforcement charges, if any, determined by the Tax Collector, shall become final, conclusive, and immediately due and payable. If such application is made, the Tax Collector shall give not less than five days' written notice in the manner prescribed in this chapter to the operator to show cause at the time and place fixed in the notice why the amount specified therein should not be fixed at such tax, interest, penalties, and enforcement charges. At such hearing, the operator may appear and offer clear and convincing evidence why such specified tax, interest, penalties, and enforcement charges should not be so fixed. After such hearing the Tax Collector shall determine the proper amount to be remitted and shall thereafter give written notice to the person in the manner prescribed in this chapter of such determination and the amount of such tax, interest, penalties, and enforcement charges, including enforcement charges related to the hearing. The amount determined to be due shall be payable within 15 days unless an appeal is taken as provided in Section

3.12.150. On good cause, the certified property authorization may be suspended by the Tax Collector pending the hearing as herein appeal thereof. An operator who fails to secure a certified property authorization for the transient occupancy unit prior to conducting transient rentals or soliciting for transient rentals through any promotional media shall be subject to enforcement charges regardless of whether tax, penalties, or interest are found to be due.
(Code 1990, § 3.12.130; Ord. No. 91-10, § 1, 1991; Ord. No. 24-03, exh. A(3.12.150), 3-20-2024)

3.12.150. Appeal.
(a) Any operator aggrieved by any decision of the Tax Collector with respect to the amount of such tax, interest, penalties, enforcement charges or suspension, if any, may appeal to the Town Council by filing a notice of appeal with the Town Clerk within fifteen days of the serving or mailing of the determination of tax due, provided, that the operator has completed all administrative procedures and sought all administrative remedies in Section 3.12.160, including appearance in person or through legal counsel at all administrative hearings. The Town Council shall fix a time and place for hearing such appeal, and the Town Clerk shall give notice in writing and/or via electronic mail to such operator at his last known place of address. The findings of the Town Council shall be final and conclusive and shall be served upon the appellate in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.

REVENUE AND FINANCE 3.12.150
CD3:23

(b) No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the Town or an officer thereof, to prevent or enjoin the collection of taxes sought to be collected pursuant to this Chapter and payment of all tax, interest, and penalties shall be required as a condition precedent to seeking judicial review of any tax liability. (Code 1990, § 3.12.140; Ord. No. 91-10, § 1, 1991; Ord. No. 10-10, 9-22-2010; Ord. No. 24-03, exh. A(3.12.160), 3-20-2024)

3.12.160. Records required.

It shall be the duty of every operator to keep and preserve, for a period of three years all records as may be necessary to determine the amount of such tax, interest, penalties, and enforcement charges, as may have been due to the Town, which records the Tax Collector or Tax Collector's agent shall have the right to inspect at all reasonable times.

All tax returns and information furnished by any operator pursuant to this chapter shall be confidential and shall not be open to the public inspection nor the specific contents thereof disclosed by any officer or employee except as necessary in the performance of official duty pursuant to this chapter, or in the course of proceedings, hearing or litigation involving the existence or amount of tax, interest, penalties or enforcement charges, or with the written consent of the operator or his authorized representative.
(Code 1990, § 3.12.150; Ord. No. 91-10, § 1, 1991; Ord. No. 17-06, § 2, 8-16-2017; Ord.

No. 24-03, exh. A(3.12.170), 3-20-2024)

3.12.170. Revocation of business tax certificate or certified property authorization.

If the Tax Collector determines that any operator has fraudulently misrepresented the financial condition determining the amount of revenue collected or tax owed by providing false or misleading information, the operator shall be subject to an administrative fine of $1,000.00 dollars and revocation of the associated business tax certificate and all certified property authorizations. No new business tax certificates or certified property authorizations shall be issued to the operator or for the transient occupancy unit for a period of three months for the first violation, six months for the second violation, and 12 months following all subsequent violations. (Ord. No. 24-03, exh. A(3.12.180), 3-20-2024)

3.12.180. Refunds—Authorized when.

Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Town under

3.12.150 MAMMOTH LAKES CODE
CD3:24

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 1

EXHIBIT E
Assessment Summary
Summary of owner-provided September 2026 assessment figures. Original workbook is not reproduced here.

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 7 EXHIBIT E — SEPTEMBER 2026 ASSESSMENT SUMMARY
Assessment component Amount
TOT underlying $10,954.06
TBID underlying $803.00
Underlying tax and assessment $11,757.06
TOT penalties $3,290.46
TBID penalties $601.40
TOT interest $3,686.34
TBID interest $276.19
Penalties and interest $7,854.39
Enforcement charge $500.00
Total shown $20,111.45
Amounts summarized from the owner-provided September 2026 assessment workbook. This table is a readable financial summary, not a reproduction of the underlying spreadsheet.

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 1

EXHIBIT F
Town Staff Email
Screenshot of staff explanation of the third-party monitoring list and August 10, 17, and 19, 2026 enforcement dates.

Email header is not visible in the supplied image.

EXHIBIT F · Town staff monitoring and enforcement email (screenshot)

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 1 EXHIBIT F-1
Town Enforcement Documentation
Images from the three-page enforcement document supplied by the Town, presented as six individual screenshots.

EXHIBIT F-1 · Town enforcement documentation, image 1 of 6

EXHIBIT F-1 · Town enforcement documentation, image 2 of 6

EXHIBIT F-1 · Town enforcement documentation, image 3 of 6

EXHIBIT F-1 · Town enforcement documentation, image 4 of 6

EXHIBIT F-1 · Town enforcement documentation, image 5 of 6

EXHIBIT F-1 · Town enforcement documentation, image 6 of 6

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 1

EXHIBIT I
Winter Rental Income
Three-season December–February payout summary followed by the complete original Airbnb earnings reports for 2023–24, 2024–25, and 2025–26.

Tardiff / Cisneros | 25 Lee Road, Unit 143 | October 21, 2026 8 EXHIBIT I — HISTORICAL WINTER RENTAL INCOME
The following figures are Airbnb’s “Total (USD)” amounts for December, January, and February from the three original earnings reports appended to this packet. They are platform payouts, not net profit. The reports label “tax withheld” as income taxes withheld, not local TOT/TBID remittance.

Winter / monthly Airbnb payout Total
Dec 2023 $6,009.24 + Jan 2024 $4,901.72 + Feb 2024
$5,017.06
$15,928.02
Dec 2024 $4,616.23 + Jan 2025 $6,045.04 + Feb 2025
$4,366.94
$15,028.21
Dec 2025 $989.40 + Jan 2026 $1,412.32 + Feb 2026
$2,605.42
$5,007.14
Three-winter average $11,987.79
For comparison, the stated underlying TOT/TBID amount is $11,757.06. The historical average payout is close to that figure, but it would be misleading to equate platform payouts with funds available for repayment: future receipts, operating costs, and taxes must be considered.

Following this summary: the Town staff email screenshot (Exhibit F), enforcement evidence images (Exhibit F-1), and the complete original Airbnb earnings PDFs for the three winter seasons (Exhibit I).

November 1, 2023 – June 1, 2024
Earnings report
888 Brannan Street
San Francisco, CA 94103
Airbnb tax ID number: 26-3051428
Host name: Mike & Darlene - Fire Hut
Tardiff
User ID: 519655890
Report generated: October 12, 2026
Summary Gross earnings Adjustments1
Service fees2 Tax withheld3 Total (USD)
Earnings $27,405.00 -$238.53 -$800.13 $0.00 $26,366.34
Homes
Home Gross earnings Adjustments1
Service fees2 Tax withheld3 Total (USD)
Walk to Canyon Lodge, Bike Trail, Shuttle, Village $26,970.00 -$238.53 -$800.13 $0.00 $25,931.34 Earnings types
Types Total (USD)
Homes $25,870.87
Resolutions7 $495.47
Reporting period
Month Gross earnings Total (USD)
November 2023 $957.00 $928.29
December 2023 $6,441.00 $6,009.24
January 2024 $5,051.00 $4,901.72
February 2024 $5,158.00 $5,017.06
March 2024 $6,172.00 $5,992.81
April 2024 $2,810.00 $2,725.70
May 2024 $816.00 $791.52
Jun 1, 2024 $0.00 $0.00

Payout methods
Payout method Total
Michael Cisneros , Checking 0647 (USD) $26,366.34
1 Adjustments can be reservation changes, cancellations, and more. 2 Airbnb service fees may vary based on your reservation types and fee structure. VAT may also be included where applicable. Learn more 3 Income taxes withheld.
7 Reimbursements, adjustments, and extra fees.

November 1, 2024 – May 1, 2025
Earnings report
888 Brannan Street
San Francisco, CA 94103
Airbnb tax ID number: 26-3051428
Host name: Mike & Darlene - Fire Hut
Tardiff
User ID: 519655890
Report generated: October 12, 2026
Summary Gross earnings Adjustments1
Service fees2 Tax withheld3 Total (USD)
Earnings $20,442.00 $0.00 -$613.26 $0.00 $19,828.74
Performance stats
Nights booked
0 Avg night stay
0 Homes
Home Gross earnings Adjustments1
Service fees2 Tax withheld3 Total (USD)
Walk to Canyon Lodge, Bike Trail, Shuttle, Village $20,442.00 $0.00 -$613.26 $0.00 $19,828.74 Earnings types
Types Total (USD)
Homes $19,828.74
Reporting period
Month Gross earnings Total (USD)
November 2024 $548.00 $531.56
December 2024 $4,759.00 $4,616.23
January 2025 $6,232.00 $6,045.04

February 2025 $4,502.00 $4,366.94
March 2025 $1,994.00 $1,934.18
April 2025 $2,407.00 $2,334.79
May 1, 2025 $0.00 $0.00
Payout methods
Payout method Total
Michael Cisneros , Checking 0647 (USD) $19,828.74
Performance stats
Home Nights booked Avg night stay
Walk to Canyon Lodge, Bike Trail, Shuttle, Village 0 0
1 Adjustments can be reservation changes, cancellations, and more. 2 Airbnb service fees may vary based on your reservation types and fee structure. VAT may also be included where applicable. Learn more 3 Income taxes withheld.

November 1, 2025 – April 1, 2026
Earnings report
888 Brannan Street
San Francisco, CA 94103
Airbnb tax ID number: 26-3051428
Host name: Mike & Darlene - Fire Hut
Tardiff
User ID: 519655890
Report generated: October 12, 2026
Summary Gross earnings Adjustments1
Service fees2 Tax withheld3 Total (USD)
Earnings $6,806.00 $0.00 -$204.18 $0.00 $6,601.82
Performance stats
Nights booked
22 Avg night stay

2.8 Homes
Home Gross earnings Adjustments1
Service fees2 Tax withheld3 Total (USD)
Walk to Canyon Lodge, Bike Trail, Shuttle, Village $6,806.00 $0.00 -$204.18 $0.00 $6,601.82 Earnings types
Types Total (USD)
Homes $6,601.82
Reporting period
Month Gross earnings Total (USD)
November 2025 $1,644.00 $1,594.68
December 2025 $1,020.00 $989.40
January 2026 $1,456.00 $1,412.32

February 2026 $2,686.00 $2,605.42
March 2026 $0.00 $0.00
Apr 1, 2026 $0.00 $0.00
Payout methods
Payout method Total
Michael Cisneros , Checking 0647 (USD) $6,601.82
Performance stats
Home Nights booked Avg night stay
Walk to Canyon Lodge, Bike Trail, Shuttle, Village 22 2.8 1 Adjustments can be reservation changes, cancellations, and more. 2 Airbnb service fees may vary based on your reservation types and fee structure. VAT may also be included where applicable. Learn more 3 Income taxes withheld.

1 TOWN COUNCIL STAFF REPORT
Title: Receive and discuss the draft 2026 Affordable Housing Impact Fee Nexus Study
Meeting Date: October 21, 2026
Prepared by: Nolan Bobroff, Community and Economic Development Director RECOMMENDATION:

Discuss the draft 2026 Affordable Housing Impact Fee Nexus Study and provide recommendations to staff on potential modifications to the current housing fees and/or housing mitigation ordinance.

BACKGROUND:

Staff have been working on the update to the Housing Impact Fee Nexus Study (“Nexus Study”) since 2021, and for a variety of reasons the update has taken much longer than anticipated. The Nexus Study report is now complete and is being introduced to Town Council for their review. Following the initial Town Council review, staff will provide any necessary updates to the report and complete any additional analysis and bring it back to Town Council at a subsequent meeting for adoption. Concurrent with the adoption of the Nexus Study, Town Council will also have the opportunity to review the housing impact mitigation fees, in accordance with the impact fees outlined in the Nexus Study.

In order to update or establish impact fees, a nexus study is required to establish the maximum monetary value of impact fees that a jurisdiction may legally assess. 1 The
governing body (i.e., Town Council) has the discretion to impose the maximum impact fee established by the nexus study, or a lower impact fee dependent on overall housing and economic development goals. Adjusting the fee downward from the maximum level is a common practice as other sources of funding are also committed to providing affordable housing and higher fees may reduce or limit development activity in the Town.

Mitigation Fee Act
An impact fee is “a monetary exaction other than a tax or special assessment charged by a local agency to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project...” (California Government Code, Section 66000). The legal requirements for enacting impact fees are set forth in the Mitigation Fee Act (Government Code §66000-66025), also referred to as AB 1600 requirements. Impact fees must have a reasonable relationship (nexus) and be roughly proportional to the impact of the proposed development (Nollan/Dolan requirements). An impact fee shall not include costs

1 The Town’s Housing Impact Fee Nexus Study was last updated on July 1, 2015. The Town Council staff report along with relevant attachments is available here:
https://pub-townofmammothlakes.escribemeetings.com/filestream.ashx?documentid=12789.

2 attributable to existing deficiencies or needs; impact fees may only include the costs attributable to the increased demand for public facilities reasonably related to the development project (Government Code §66001(g)). Impact fees shall not exceed the estimated reasonable cost of providing the service or facility for which the fee is being imposed (Government Code §66005(a)). The attached Nexus Study complies with the requirements of the Mitigation Fee Act.

ANALYSIS:

The Nexus Study provides an analysis, methodology, and justification framework for housing fees consistent with the Mitigation Fee Act.

The Nexus Study bases the fees on the estimated development cost difference between a market-rate 4-plex apartment and a 4-plex apartment with one (1) affordable unit. The cost difference was determined through a pro forma analysis and is the delta in the project valuation caused by one unit being restricted to an affordable rent level. The thought process for this approach is that the collected fees would then be provided as a subsidy to the 4-plex developer so that the developer could earn the same amount of profitability if they were to sell the four-plex development despite the rent on the fourth unit being capped at an affordable rent level. The cost difference was then further divided by nine to determine a per unit fee amount, as the study assumed that 10% of future residential development would qualify as affordable housing and that 90% would be considered market-rate housing. Following that calculation, a maximum per square foot residential fee amount was established in accordance with AB 602 which requires residential impact fees be imposed based on residential square footage criteria. For non-residential uses, the maximum fee amounts were established by calculating the number of employees per 1,000 square feet of floorspace for the various non-lodging categories and the number of employees per hotel room for lodging uses and then multiplying those numbers by the maximum per unit fee amount established in the pro forma.

The Nexus Study establishes maximum impact fees for the following categories:
- Residential - Office
- Lodging - Light Industrial
- Retail/Restaurants - Service Uses
Housing impact fees for residential and non-lodging uses are calculated per gross square foot, and lodging uses are calculated per lodging room (or “key”).

Comparison of Housing Impact Fee Amounts
For comparison purposes, the maximum fee amounts from the 2015 Nexus Study, the 2026 Nexus Study, and the current fee amounts are listed below. When the Town Council adopted the 2015 Nexus Study, they decided to initially set the housing impact fees at an amount that was approximately 30% of the maximum fee amount. Those fees have increased year over year based on an inflationary index but have not exceeded what the maximum fee amounts were in 2015.

3 Items for Discussion
The following items are identified to facilitate Council discussion.

1. Assumptions.

The Nexus Study identifies maximum fees based on a pro forma development modal, employee generation by use, and the cost subsidy of constructing rental housing with one affordable unit. Various assumptions are necessary for this analysis, including land costs, construction costs, housing type and size, occupancy rates, etc. The consultant used a variety of data sources to arrive at the assumptions.

It is staff’s opinion that the assumptions are justifiable in the context of the Mitigation Fee Act. Council may wish to discuss the assumptions utilized.

2. Recommended Fees.

The fee amounts in the 2026 Nexus Study represent the maximum fees that can be imposed on the various development categories; however, the Town Council has the discretion to establish fees at a lower amount. Town Council also has the discretion to not make any modifications to the current fees and instead continue to apply the annual inflationary escalator to the current fee amounts. There is not an exact formula that can be applied to determine what is the appropriate fee level.

3. Current Housing Mitigation Ordinance vs an Inclusionary Housing Ordinance
Prior to 2015 the Town had an inclusionary housing ordinance that required residential projects of 10 units or more and lodging projects of 20 rooms or more to provide on-sire workforce housing at a rate of 10% of the number of units/rooms.

This was in place from 2009-2015 but did not result in the development of any workforce housing units. If the Town Council desires, staff can work with a consultant to prepare an inclusionary housing study that would analyze what a potential inclusionary requirement might look like and whether it would result in a meaningful number of units.

Irvine| Mammoth Lakes | San Francisco | Riverside
Dallas | El Paso | Raleigh | Tampa
www.FinanceDTA.com
Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds

AFFORDABLE HOUSING

DEVELOPMENT IMPACT FEE

JUSTIFICATION STUDY

TOWN OF MAMMOTH LAKES
Report Date: October 8, 2026

www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220
Irvine, CA 92612

TOWN OF MAMMOTH LAKES

AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE

JUSTIFICATION STUDY
Prepared for:

Town of Mammoth Lakes
437 Old Mammoth Rd #230
Mammoth Lakes, CA 93546

TABLE

OF CONTENTS

SECTION PAGE
I EXECUTIVE SUMMARY............................................... 1 A Residential Impact Fee Summary...................................2 B Non-Residential Development Impact Fee
(“DIF”) Summary...........................................................5 C Annual Escalation Factors..............................................5 D Exemptions...................................................................6 II ORGANIZATION OF THE FEE STUDY ............................ 7

III LEGAL REQUIREMENTS TO JUSTIFY DEVELOPMENT
IMPACT FEES ............................................................. 8 A PURPOSE OF THE FEE [GOVERNMENT CODE
SECTION 66001(A)(1)] ...................................................8

B THE USE TO WHICH THE FEE IS TO BE PUT
[GOVERNMENT CODE SECTION 66001(A)(2)]..................9

C THERE IS A REASONABLE RELATIONSHIP
BETWEEN THE FEE’S USE AND THE TYPE OF

DEVELOPMENT PROJECT UPON WHICH THE FEE

IS IMPOSED (BENEFIT RELATIONSHIP)
[GOVERNMENT CODE SECTION 66001(A)(3)]..................9

D DETERMINE HOW THERE IS A REASONABLE

RELATIONSHIP BETWEEN THE NEED FOR THE

PUBLIC FACILITY AND THE TYPE OF

DEVELOPMENT PROJECT UPON WHICH THE FEE

IS IMPOSED (IMPACT RELATIONSHIP)
[GOVERNMENT CODE SECTION 66001(A)(4)]................10

E THERE IS A REASONABLE RELATIONSHIP

BETWEEN THE AMOUNT OF THE FEE AND THE

COST OF THE PUBLIC FACILITIES ATTRIBUTABLE

TO THE DEVELOPMENT UPON WHICH THE FEE
IS IMPOSED (“ROUGH PROPORTIONALITY”
RELATIONSHIP) [GOVERNMENT CODE

66001(B)]....................................................................10 F Recent LEGISLATIVE Developments .............................10

IV FEE STUDY METHODOLOGY AND APPLICATION OF
DEVELOPMENT PRO FORMA ANALYSIS .................... 12
A Pro Forma Approach ...................................................13 V AFFORDABLE HOUSING IMPACT FEE CALCULATIONS 17
A Residential Affordable Housing Impact Fees................17 B Non-Residential Affordable Housing Impact
Fees............................................................................18 VI SUMMARY OF AFFORDABLE HOUSING IMPACT FEES 22

1 Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com

I EXECUTIVE SUMMARY
The current Town of Mammoth Lakes (the “Town”) Housing Mitigation Ordinance (“HMO”) was adopted in 2015 (ORD 15-03, 6/3/2015) and aims to help mitigate the impact of market-rate residential and nonresidential projects on the need for workforce housing in the town. The requirements of the HMO are codified in Municipal Code Chapter 17.1321 and the various options to mitigate impacts on workforce housing from development are outlined in that chapter. The available options include payment of housing impact mitigation fees(“Fees” or “Impact Fees”), construction of workforce housing units on- or off-site, conveyance of land that could be used for workforce housing development, or development of an alternate housing mitigation plan.

Within the HMO, all options are considered to be equal and the amount of mitigation required for each option is based on what the monetary value of the Impact Fee would be for the proposed development project.

Impact Fees are calculated based on the use (e.g., residential, lodging, retail/restaurant, office, light industrial, service use) and the monetary value of the fee is required to be proportional to the impact that market-rate residential and non-residential projects have on the need for workforce housing. Impact Fees are to be used only for the purposes of planning for, administering, subsidizing, or developing workforce housing within the town thatis affordable to individuals and households living and working in the community. A nexus study (“Fee Study”) is required to establish the maximum monetary value of the Impact Fee that a jurisdiction may legally assess, and nexus studies are required to be updated periodically. To prepare an updated Fee Study, the financial consultant DTA was retained by the Town to complete the work.

DTA used a pro forma approach to establish the maximum Impact Fee that could be imposed on new marketrate housing and non-residential projects. As home prices within the town have risen to levels that make it difficult for many local workforce households to provide the necessary downpayment and/or qualify for an 80%-90% mortgage loan, DTA and Town staff felt it was appropriate to focus on rental units as the most realistic method of producing workforce housing within the town. As such, the pro forma analyzed: (1) the development cost of a market-rate four-plex apartment building containing four market-priced two bedroom rental units with 1,250 square feet if floorspace apiece, and (2) the subsidy needed for a developer to make one of the four units available for rent at a rental rate that is affordable to a household earning at or below the (i) Moderate-Income Household limit (i.e., less than or equal to 120% of the Mono County area median income [“AMI”]) or (ii) the Low-Income Household limit (i.e., less than 80% of the County AMI). This housing shall hereinafter be identified as affordable housing (“Affordable Housing”). In this scenario, the subsidy would be provided to the developer so that the developer could earn the same amount of profitability if they were to sell the four-plex development despite the rent on the fourth unit being capped at the appropriate Affordable Housing rent level.

For purposes of this analysis, it was assumed that a three-person household could be comfortably housed in a two-bedroom apartment unit. Therefore, DTA calculated its Impact Fees based on the level of subsidy needed to make a two-bedroom apartment affordable to the appropriate Affordable Housing level based on a three1 Municipal Code Chapter 17.132:
https://library.municode.com/ca/mammoth_lakes_/codes/code_of_ordinances?nodeId=COOR_TIT17ZO_ARTVIAFWOHO_CH1

7.132HO

2 Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
person household. To establish a fee that is reflective of the subsidies needed for both a Low-Income unit and a Moderate-Income unit, the Town’s 6th Cycle Regional Housing Needs Allocation (RHNA) numbers were used to establish a blended Impact Fee that combined the Impact Fee levels necessary to build both categories of Affordable Housing units. According to income data published by the U.S. Department of Housing and Urban Development (“HUD”), the Mono County AMI for a household of three persons in 2026 was $100,900. 2 As a
result, a three-person household with income below 120% AMI would earn less than $121,080 per year, while a three-person household making less than 80% AMI would earn less than $80,720 per year. The recommended Fee would be intended to meet workforce housing needs for households earning below 80% and below 120% of the County median income.

A Residential Impact Fee Summary
For purposes of this Fee Study, it was assumed that 10% of future residential development would qualify as Affordable Housing and that 90% would be considered market-rate housing. As reflected in Tables ES1, the 2026 market-rate rent in Mammoth Lakes for a two-bedroom apartment was $3,245, based on Multiple Listing Service (MLS) rental data for the initial six months of 2026. This would lead to a sales value of $3,758,733 (using a capitalization rate of 4% and operating costs equal to 2.5% of value) for a marketrate four-plex building compared with total land and construction costs of $3,070,757. A developer moving ahead with the four-plex project would therefore anticipate a one-time profit of $687,976 for their efforts. Table ES-2 summarizes the pro forma development cost analysis for both a market-rate project and an Affordable Housing project.

Table ES-1: Market-Rate Rents and Affordable Housing Rents for Two-Bedroom Apartments in Mammoth Lakes Unit Type Monthly Rent per
Dwelling Unit
Monthly Rent per
Residential Square
Foot
Market-Rate Rent $3,245 $2.60
Affordable Unit Rent for a Moderate-Income Unit (120% AMI) $3,027 $2.42 Affordable Unit Rent for a Low-Income Unit (80% AMI) $2,018 $1.61 2 https://www.hcd.ca.gov/sites/default/files/docs/grants-and-funding/2026-mtsp-regular-limits.pdf

3 Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
Table ES-2: Affordable Housing Pro Forma Summary
(100% Market-Rate Four-Plex Unit Versus Four-Plex with One Affordable Unit) Category
Four-Plex with
100% Market-Rate
Units
4-Plex with One
120% AMI Unit
4-Plex with One
80% AMI Unit
Units 4 4 4
Rentable Square Feet 5,000 5,000 5,000
Net Projected Sales Value (2.5% Opex, 4% Cap Rate) $3,758,733 $3,695,571 $3,403,422 Building Costs
Building Hard Costs $1,983,586 $1,983,586 $1,983,586
Building Soft Costs $47,791 $47,791 $47,791
Cost Inflation $221,349 $221,349 $221,349
Total Building Costs $2,252,726 $2,252,726 $2,252,726
Lot Development Costs
Lot Development Hard Costs $357,931 $357,931 $357,931
Lot Development Soft Costs $76,500 $76,500 $76,500
Cost Inflation $23,600 $23,600 $23,600
Total Lot Development Costs $458,031 $458,031 $458,031
Land
Land Costs $295,000 $295,000 $295,000
Financing and Taxes
Finance Costs and Property Taxes $65,000 $65,000 $65,000 Total Development Costs $3,070,757 $3,070,757 $3,070,757 Projected Gross Profit (sales value less devt. costs) $687,976 $624,814 $332,665 Difference in Gross Profit between Market-Rate and
Project w/ (1) Affordable Unit ($63,162) ($355,311)
Subsidy Required per 9 Market-Rate Units to Balance Profits $7,018 $39,479 For a developer to turn one of the four market-rate two-bedroom units into a unit that would be affordable to a three-person Moderate-Income Household, the fourth unit’s rent would need to be lowered from $3,245 per unit to $3,027 per unit. This would lower the value of the four-plex to $3,695,571, thereby lowering the overall profitability of the project to $624,814. As a result, the subsidy necessary to incentivize the builder to include one Moderate-Income affordable unit would be $63,162 ($687,976 - $624,814). A per unit fee of $7,018 would then be paid by the developers of each of the 90% market-rate homes to subsidize the Moderate-Income Affordable Housing unit.

For a developer to turn one of the four market-rate two-bedroom units into a unit that would be affordable to a three-person Low-Income Household, the fourth unit’s rent would need to be lowered from $3,245 per unit to $2,018 per unit. This would lower the value of the four-plex to $3,403,422, thereby lowering the overall profitability of the project to $332,665. As a result, the subsidy necessary to incentivize the builder to include one Low-Income affordable unit would be $355,311 ($687,976- $332,665). A per unit fee of $39,479 would then be paid by the developers of each of the 90% marketrate homes to subsidize the Low-Income Affordable Housing unit.

4 Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
To determine a blended value of the 80% and 120% AMI subsidy amounts within the 10% of dwelling units targeted for affordability, the Town’s 6th Cycle Regional Housing Needs Allocation (“RHNA”) was used to set the mix or proportion of affordability levels (AMIs) to apply to the subsidy amounts (see Table ES-3).

The blended Impact Fee was based on the allocation of dwelling units by income in the Town’s RHNA allocation. As noted below, under RHNA, 62.22% of Affordable Housing units are to be affordable to households earning less than 80% AMI and 37.78% of units are to be affordable to households earning between 81-120% AMI. Table ES-3, below, identifies a blended Impact Fee amount of $27,216 per marketrate unit.

Table ES-3: Blended Subsidy Fee Amount
Category $24,564 Extremely Low
Income
Very Low
Income Low Income Moderate Income
Above Moderate
Income
Percent of AMI 0-30% 31-50% 51-80% 81-120% >120%
Number of Units 1 11 15 30 34 65
% of Moderate-Income and Below 12.22% 16.67% 33.33% 37.78% N/A Total Moderate and Low-Income Pct. 62.22% 37.78% N/A
Subsidy Amount per Unit $39,479 $7,018 N/A
Blended Value $24,565 $2,651 N/A
Total Blended Value $27,216
Note:

1. California Department of Housing and Community Development (HCD) 6th Cycle Regional Housing Needs Allocation Plan, Mono County Local Governments – Projection Period December 31, 2018, to August 15, 2027.

The blended residential Impact Fee discussed above was circumscribed by the requirements of AB 602, which was approved by the California State Legislature and signed by Governor Newsom in 2021. Under AB 602, nexus studies adopted after July 1, 2022, must establish residential Impact Fees that can be imposed based on residential square footage criteria, unless a local public agency demonstrates that another metric is more appropriate. Table ES-4, below, lists the Impact Fee per square foot of residential floorspace, based on the average square foot size of single-family homes sold within the Town over the previous five year period.

Table ES-4: Residential Development Affordable Housing Impact Fee Summary Fee Level
Market-Rate Residential
Dwelling Unit
Fee Level per Residential
Square Foot per AB 602 1
$27,216 $10.89
Note:

1. Average square footage of 2,500 per unit based on single family homes sales from 2021-2025, Mammoth Lakes Real Estate Market Statistics

5 Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
B Non-Residential Development Impact Fee (“DIF”) Summary To help mitigate the impact of non-residential projects on the need for workforce housing in the Town, the Town charges non-residential development for the cost of providing affordable dwelling units since new non-residential development creates a demand for additional employees. In keeping with the Town’s current non-residential affordable housing fee program, non-residential land uses are separated into five (5) categories designated as lodging, retail/restaurants, office, light industrial, and services uses. The definitions of these uses shall be determined on a case-by-case basis by Town staff based on the definition of non-residential uses in the Town’s Zoning Ordinance. In brief, employee generation numbers per 1,000 square feet of floorspace for each of four of the five non-residential, non-lodging categories were obtained from various national labor statistic sources. These numbers of employees were converted to households by assuming 1.31 employees per household, as calculated from the 2024 Public Use Microdata Sample (“PUMS”) published by the U.S. Census. For the fifth non-residential category, Lodging, an employees per hotel/motel room estimate was utilized based on labor statistics. Once DTA determined how many households were being generated per 1,000 square feet of floorspace for each of the four categories, or per hotel/motel room for the Lodging category, the percentage of those employees with incomes below the Moderate-Income level was derived from the same PUMS data source. The subsidy amount per market-rate residential unit (i.e., $27,216) was then used to calculate the per square foot Impact Fee amount for non-residential development for the four categories and the per hotel/motel Impact Fee for lodging development.

Table ES-5: Non-Residential Development Affordable Housing Impact Fee Summary (or Per Room for Lodging)
Land Use Type Affordable Housing Subsidy
Lodging (per room) $8,124
Retail/Restaurant (per sq ft) $7.57
Office (per sq ft) $25.68
Light Industrial (per sq ft) $12.40
Services (per sq ft) $9.92
C Annual Escalation Factors
The cost estimates for the Impact Fees calculated in this Fee Study are stated in 2026 dollars. DTA further recommends that, after adoption, the above impact fees be reviewed each year and adjusted based upon the changes in the Engineering News-Record (”ENR”) California Construction Cost Index (“CCCI”). This construction cost index is based upon the Building Cost Index (“BCI”) cost averages experienced in San Francisco and Los Angeles as measured by the Engineering News-Record. For reference, the total change in the CCCI for the period of 2023-2026 was 9.3%.

6 Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
D Exemptions
The California Government Code permits Impact Fee exemptions for Affordable Housing and other product types at the discretion of local jurisdictions. Such fee exemptions are a policy matter that should be based on the consideration of the greater public good provided by this specific use being exempted from the Impact Fee. In this case, DTA recommends the Town continue to exempt Affordable Housing from this Impact Fee because the specific objective of the Impact Fee is to subsidize the cost of building affordable housing. Requiring affordable units to pay this Impact Fee would be counterproductive, as it would make these dwelling units more expensive to build. Similarly, continuing the Impact Fee waiver for non-transient rental housing will contribute to the construction of more rental units, which will keep the rents for market-priced rental units lower.

7 SECTION II

ORGANIZATION OF FEE STUDY
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com

II ORGANIZATION OF THE FEE STUDY
This Fee Study is presented in the following seven sections:

Section I contains an Executive Summary and provides a brief introduction to the Fee Study and includes an overview of the proposed Impact Fees.

Section II provides an overview of the Organization of the Fee Study.

Section III provides an overview of the legal requirements for implementing and imposing the Impact Fee amounts identified in the Fee Study and satisfies the nexus requirements for Affordable Housing. Included in this section is a discussion of the findings and requirements to be satisfied when establishing, increasing, or imposing an Impact Fee as a condition of new development.

Section IV contains a description of the methodology used to determine the levels of Impact Fees necessary to subsidize market-rate housing so it can satisfy the Town’s need for Affordable Housing.

Section V reviews the calculations utilized to determine the maximum levels of Impact Fees that can be imposed on each of a series of residential and non-residential land use types.

Section VI presents a summary of the Impact Fees.

8 SECTION III

CALIFORNIA MITIGATION FEE ACT LEGAL

REQUIREMENTS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com

III LEGAL REQUIREMENTS TO JUSTIFY DEVELOPMENT IMPACT FEES The levy of impact fees is one authorized method of financing the facilities necessary to mitigate the impacts of new development, including affordable housing. A fee is “a monetary exaction, other than a tax or special assessment, which is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project...” (California Government Code, Section 66000).

A fee may be levied for each type of capital improvement required for new development, with the payment of the fee typically occurring prior to the beginning of construction of a dwelling unit or nonresidential building. Fees are often levied at final map recordation, upon the issuance of a Certificate of Occupancy, or more commonly, at building permit issuance.

AB 1600, which created Section 66000 et seq. of the Government Code, was enacted by the State of California in 1987. In 2006, Government Code Section 66001 was amended to clarify that a fee cannot include costs attributable to existing deficiencies, but it can fund costs used to maintain the existing Level of Service (“LOS”) or meet an adopted LOS consistent with the General Plan.

Section 66000 et seq. of the Government Code thus requires that all public agencies satisfy the following requirements when establishing, increasing, or imposing a fee as a condition of new development:

1. Identify the purpose of the fee [Government Code Section 66001(a)(1)];

2. Ascertain the use to which the fee will be put [Government Code Section 66001(a)(2)];

3. Determine that there is a reasonable relationship between the fee’s use and type of development on which the fee is to be imposed [Government Code Section 66001(a)(3)];

4. Establish how there is a reasonable relationship between the need for the public facility and type of development project on which the fee is to be imposed [Government Code Section 66001(a)(4)]; and

5. Discuss how there is a reasonable relationship between the amount of the fee and cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed [Government Code Section 66001(b)].

Presented below are the legal requirements as they relate to the calculation and imposition of the proposed Impact Fees addressed by this Fee Study.

A PURPOSE OF THE FEE [GOVERNMENT CODE SECTION 66001(A)(1)] New development within the Town will generate additional residents and employees. These future residents and employees will create an additional demand for new or expanded Affordable Housing that the existing housing stock cannot accommodate. To accommodate residential and non-residential development in an orderly manner, without adversely impacting the current quality of life in the Town, additional Affordable Housing will need to be constructed.

It is the projected direct and cumulative effect of future residential and non-residential development that has required the preparation of this Fee Study. Every newly developed parcel will contribute to the need

9 SECTION III

CALIFORNIA MITIGATION FEE ACT LEGAL

REQUIREMENTS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
for new Affordable Housing, and, as such, the proposed Impact Fee will be charged to all future development, irrespective of location, within the Town. While a portion of the Town’s future development might be characterized as “in fill” development projects, these projects contribute to impacts on housing demand because they are an interactive component of a much greater universe of development located throughout the Town. First, many residents of the area will utilize service workers who require Affordable Housing so they can live in Town, and many of the employees associated with any non-residential development in the Town may qualify as an Affordable Housing household. Second, these residents and employees may have chosen to live in Mammoth Lakes because of the residential and commercial development located therein. Third, the availability of jobs throughout the Town has a growth-inducing impact, in that it enhances the Town’s reputation as a great place to live and work, thereby attracting new residential and non-residential development that might otherwise have been constructed elsewhere. As a result, all development projects in the Town contribute to the cumulative need for new Affordable Housing. The Impact Fees, when collected, will be placed into a dedicated fund that will be used solely for the purposes of planning for, administering, subsidizing, or developing Affordable Housing within the Town.

The discussion in this subsection of the Fee Study sets forth the purpose of the DIF as required by Section 66001(a)(1) of the California Government Code.

B THE USE TO WHICH THE FEE IS TO BE PUT [GOVERNMENT CODE SECTION 66001(A)(2)] Each Impact Fee collected will provide a source of revenue to the Town to facilitate the acquisition and construction of Affordable Housing identified in the Town’s General Plan, and related costs necessary to mitigate the direct and cumulative demand for such housing as a result of new residential and nonresidential development in the Town. By directly funding these costs, the Impact Fees will both enhance the quality of life for and protect the health, safety, and welfare of the existing and future Town residents and employees.

C THERE IS A REASONABLE RELATIONSHIP BETWEEN THE FEE’S USE AND THE TYPE OF

DEVELOPMENT PROJECT UPON WHICH THE FEE IS IMPOSED (BENEFIT RELATIONSHIP) [GOVERNMENT CODE SECTION 66001(A)(3)]
As discussed in Section A above, it is the projected direct and cumulative effect of future development that has prompted the preparation of this Fee Study. All new residential and non-residential development within the Town, irrespective of location, contributes to the direct and cumulative impacts of development on affordable housing demand and creates the need for new facilities to accommodate growth. The derivation of Impact Fee amounts for both residential and non-residential development is explained in detail in Sections IV and V of this Fee Study. These Impact Fees will be expended exclusively for the purposes of planning for, administering, subsidizing, or developing affordable housing within the town, as that is the purpose for which this Impact Fee is being collected. As previously stated, all new residential and non-residential development creates either a direct impact or contributes to the cumulative impact on Affordable Housing.

For the foregoing reasons, there is a reasonable relationship between the design, acquisition, and construction of affordable housing and new development as required under Section 66001(a)(3) of the Mitigation Fee Act.

10 SECTION III

CALIFORNIA MITIGATION FEE ACT LEGAL

REQUIREMENTS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com

D DETERMINE HOW THERE IS A REASONABLE RELATIONSHIP BETWEEN THE NEED FOR THE PUBLIC

FACILITY AND THE TYPE OF DEVELOPMENT PROJECT UPON WHICH THE FEE IS IMPOSED (IMPACT RELATIONSHIP) [GOVERNMENT CODE SECTION 66001(A)(4)]
As previously stated, all new development within the Town, irrespective of location, contributes to the direct and cumulative impacts of development on Affordable Housing demand and creates the need for new Affordable Housing to accommodate growth. Moreover, the Affordable Housing needs identified in Section V are specifically a function of the number of projected residents within the Town and do not reflect any unmet needs of existing development.

For the reasons presented herein and in Section V, there is a reasonable relationship between the need for Affordable Housing and all new development within the Town.

E THERE IS A REASONABLE RELATIONSHIP BETWEEN THE AMOUNT OF THE FEE AND THE COST OF

THE PUBLIC FACILITIES ATTRIBUTABLE TO THE DEVELOPMENT UPON WHICH THE FEE IS IMPOSED (“ROUGH PROPORTIONALITY” RELATIONSHIP) [GOVERNMENT CODE 66001(B)] As set forth above, all new development in the Town impacts existing housing needs. Each individual development project and its related increase in population and/or employment, along with the cumulative impacts of all development in the Town, will adversely impact the need for housing. Thus, the imposition of the Impact Fee to finance new Affordable Housing is an efficient, practical, and equitable method of permitting development to proceed in a responsible manner.

New development impacts Affordable Housing needs directly and cumulatively. The addition of new businesses necessitates an increase in residents. A certain number of these new residents will require Affordable Housing. The proposed fee amounts are roughly proportional to the impacts resulting from new development based on the analyses contained in Section III. Thus, there is a reasonable relationship between the amount of the fee and cost of subsidizing the necessary housing.

F Recent LEGISLATIVE Developments
In September 2021, the Governor of California signed Assembly Bill (“AB”) 602 which provides new statewide requirements for local jurisdictions seeking to impose DIFs on development projects. As stated earlier, the Mitigation Fee Act, AB 1600, establishes specific requirements that local officials must follow in establishing, increasing, or imposing development fees. Specifically, local officials must conduct a “nexus study” to demonstrate a “reasonable relationship” between the Impact Fees and the Affordable Housing to be funded by the Impact Fees, and the development project on which the fees are assessed.

AB 602 is designed to provide additional guidance on how local agencies comply with their impact fee obligations, which will affect the methodology choice that DTA will use to calculate the fees. Key portions of the bill affecting future DIF calculations are summarized below.

On or after January 1, 2022, fee justification studies must identify the existing LOS for each public facility, identify the proposed new LOS, and (if proposed new LOS is greater than existing LOS) include an explanation of why the new LOS is necessary.

For housing development projects, nexus studies adopted after July 1, 2022, must calculate the amount of fees based on square footage of proposed residential units of the development, unless

11 SECTION III

CALIFORNIA MITIGATION FEE ACT LEGAL

REQUIREMENTS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
the local agency demonstrates that another metric is more appropriate. The bill would require that a “local agency that calculated fees proportionally to the square footage of the proposed units be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by development.” This would also apply to multi-family residences.

The bill authorizes any member of the public, including an applicant for a development project, to submit evidence that the city, county, or other local agency had failed to comply with the Mitigation Fee Act. The bill requires the legislative body of the city, county, or other local agency to consider any timely submitted evidence and authorize the legislative body to change or adjust the proposed fee or fee increase, as specified.

If a nexus study supports the increase of an existing fee, the local agency shall review the assumption of the nexus study supporting the original fee and evaluate the amount of the fees collected under the original fee.

Large jurisdictions (County population greater than 250,000) and cities within those counties must adopt a capital improvement plan as part of the nexus study.

Nexus studies shall be updated at least every 8 years from the period beginning January 1, 2023.

Notably, AB 602 does not apply to (i) water and sewer connection and capacity charges, (ii) school fees or Quimby fees for park impacts, and (iii) Mello-Roos Programs or other special taxes. These other fees, taxes, and charges are subject to their own statutory accountability measures.

12 SECTION IV

FEE STUDY METHODOLOGY AND

APPLICATION OF DEVELOPMENT

PRO FORMA ANALYSIS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com

IV FEE STUDY METHODOLOGY AND APPLICATION OF DEVELOPMENT PRO FORMA

ANALYSIS
As discussed in Section III, above, pursuant to the nexus requirements of Government Code 66000, a local agency is required to “determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.” It is impossible to precisely determine the impact that a specific new residential unit, commercial/industrial project, or hotel/motel development will have on the existing stock of Affordable Housing. Predicting behavioral patterns, including the need for Affordable Housing by future residents and employees within specific future development projects would be difficult and would require numerous assumptions that are subject to substantial variances. Recognizing these limitations, the Legislature drafted AB 1600 to require that a “reasonable” relationship be determined, not a direct cause and effect relationship. This legislative intent was specifically affirmed by the California Supreme Court in California Building Industry Assn. v. City of San Jose, which noted that an affordable housing in-lieu fee is not directed to mitigate the specific impacts of a development project, but rather to “aim more broadly to promote public goods, namely the provision of affordable housing and the dispersal of such housing throughout the community.” This decision was reiterated by the California Court of Appeals in 616 Croft Avenue LLC v. City of West Hollywood, which affirmed that “the purpose of an in-lieu housing fee here is not to defray the cost of increased demand on public services resulting from a specific development project, but rather to combat an overall lack of affordable housing.”
The purpose of the Fee Study is to calculate the maximum Impact Feesthat can be justifiably levied to maximize the likelihood that 10% of future residential development in the Town will qualify as Affordable Housing. This Fee Study is intended to comply with Section 66000 et seq. of the Government Code, which was enacted by the State of California in 1987, by identifying the additional need for Affordable Housing generated by future residential and non-residential development and determining the maximum level of fees that may be imposed to subsidize the costs of providing this housing. Impact Fees have been determined that will allow for the subsidy of 10% of future market-rate units so they are affordable to households earning at or below either 120% of the County’s AMI or 80% of the County’s AMI as determined by HUD.

The municipal boundary of Mammoth Lakes encompasses an area of nearly 25.31 square miles within Mono County and is the County’s only incorporated community. Within the municipal boundary, the Town has an established urban growth boundary that encompasses approximately 4 square miles. Mammoth Lakesis home to Mammoth Mountain, a well-known ski area, and lies in close proximity to Yosemite National Park. This wealth of outdoor attractions makes it a popular tourist destination, both in the summer and winter. 94% of the land in Mono County is publicly owned. Much of Mammoth Lakes is already developed and there is limited vacant land for additional residential development. Many of the jobs that are available are in low paying service industries, leading to a situation in which housing is expensive and unaffordable to a large portion of local employees. Consequently, the provision of Affordable Housing is an important issue that is being addressed by the Town through the adoption of an Impact Fee that is to be applied to both future residential and non-residential development.

13 SECTION IV

FEE STUDY METHODOLOGY AND

APPLICATION OF DEVELOPMENT

PRO FORMA ANALYSIS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
A Pro Forma Approach
For purposes of determining an appropriate Impact Fee to be applied to all future market-rate housing and non-residential development within the Town, DTA prepared a pro forma land development computer model analyzing the economic viability of constructing a market-rate two-bedroom rental dwelling unit versus constructing a two-bedroom dwelling unit with rents that are affordable to either a Moderate-Income or LowIncome Household. A pro forma considers real estate market trends and projected product absorption levels, horizontal and vertical development/construction costs for both on-site and off-site improvements, fees, sales, finance and marketing costs, and product pricing to determine potential profit levels (e.g., internal rates of return) and residual land values based on both leveraged and unleveraged financing scenarios. The intent of this pro forma is to provide an objective third-party evaluation of the financial viability of constructing a market-rate dwelling unit versus an affordable dwelling unit, and the level of subsidy that would be necessary to encourage developers to entitle and construct Affordable Housing in Mammoth Lakes.

As reflected in Table 1, below, the current market-rate rent in Mammoth Lakes for a new two-bedroom apartment is $3,245. According to income data published by HUD, the County AMI for a household of three persons in 2026 was $100,900. As a result, a three-person household with income below 120% AMI would earn less than $121,080 per year, while a three-person household making less than 80% AMI would earn less than $80,720 per year. The recommended Fee would be intended to meet workforce housing needs for households earning below 80% and below 120% of the County median income. According to the 2026 HUD guidelines for multifamily tax subsidy projects, rather than pay market-rate rents, a Moderate-Income Household could afford $3,027 per month and a Low-Income Household could afford $2,018 per month, in Mono County.

Table 1: Market-Rate Rents and Affordable Housing Rents for Two-Bedroom Apartments in Mammoth Lakes Unit Type Monthly Rent per
Dwelling Unit
Monthly Rent per
Residential Square
Foot
Market-Rate Rent $3,245 $2.60
Affordable Unit Rent for a Moderate-Income Unit (120% AMI) $3,027 $2.42 Affordable Unit Rent for a Low-Income Unit (80% AMI) $2,018 $1.61 Notes:

1. Market-rate rents were sourced by Town staff from Multiple Listings, Redfin and Zillow data collected during the first six months of 2026. Affordable rents were obtained from U.S. Department of Housing and Urban Development Multifamily Tax Subsidy Rents for Mono County for 2026.

2. Assumed square footage of 1,250 square feet for two-bedroom apartment.

Table 2, below, is the pro forma utilized to determine the levels of subsidy necessary to convert a marketrate four-plex development into a four-plex in which one of the four market-rate units is priced at a rent which is affordable to either a Moderate-Income Household earning less than 120% of the County AMI, or a Low-Income Household earning less than 80% of the County AMI. Rather than rely on massive funding amounts to subsidize a 100% affordable project, the Town could incentivize a developer to include an affordable unit in the same four-plex project by providing the developer with a grant equivalent in magnitude to subsidizing the rent for the one affordable unit. The Impact Fee to be imposed on marketPage 186 of 220 14 SECTION IV

FEE STUDY METHODOLOGY AND

APPLICATION OF DEVELOPMENT

PRO FORMA ANALYSIS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
rate housing throughout the Town would be calculated based on the level of subsidy necessary to enable that developer to lower the rent from market levels to an Affordable Housing level, based on the rents shown in Table 1.

As listed in Table 2, the projected sales values of individual market-rate apartments are substantially greater than those of the proposed affordable units. Assuming a capitalization rate of 4% and operating costs equal to 2.5% of value, the valuation for a market-rate two- bedroom unit would be $939,683, versus $876,546 for a Moderate-Income unit and $584,397 for a Low-Income unit. After considering all of the costs listed in the pro forma, including the cost of acquiring land, direct and indirect builder construction costs, direct and indirect lot improvement costs, and fees, finance and marketing charges, the developer of the market-rate four-plex can anticipate a sales value of $3,758,733 versus a total land and construction cost of $3,070,757 generating a gross profit of $687,976. To incentivize that developer to replace one of their market-rate units with an affordable unit, the Town would need to contribute a sufficient amount of subsidy to enable the developer to earn a profit similar to the profit level they would achieve on the fully market-rate four-plex.

Based on the pro forma analysis reflected in Table 2, the gross profit available for a developer building a four-plex with one unit affordable to Moderate-Income Households would be a total of $624,814, based on a sales price of $3,695,571 minus construction and land costs of $3,070,757. As a result, a total subsidy of $63,162 would be necessary to incentivize the builder to rent one of their four units at a rental level affordable to a Moderate-Income household. Given that for the purposes of this Fee Study, the Town assumed that 10% of its future residential development would qualify as Affordable Housing, the Impact Fee to be paid by the developer of each of the nine market-rate homes to subsidize the one ModerateIncome affordable unit would be $7,018 per market-rate unit.

However, if the fourth unit in the four-plex were to be affordable to a Low-Income Household, the gross profit from the fourplex would be only $332,665, based on a sales value of $3,403,422 versus a total land and construction cost of $3,070,758. Therefore, a total subsidy of $355,311 would be required to enable the developer to earn the same $687,976 profit on the four-plex with the one Low-Income affordable unit as they would have with the fully market-priced four-plex. Given that for the purposes of this Fee Study, the Town assumed that 10% of its future residential development would qualify as Affordable Housing, the Impact Fee to be paid by the developer of each of the nine market-rate homes to subsidize the one Low-Income affordable unit would be $39,479 per market-rate unit.

15 SECTION IV

FEE STUDY METHODOLOGY AND

APPLICATION OF DEVELOPMENT

PRO FORMA ANALYSIS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
Table 2: Pro Forma Comparing Market-Rate Rental Four-Plex with Rental Four-Plex Including One Affordable Dwelling Unit
Development Category or Development Description
For Rent Product
– Market Rate –
Triplex
For Rent Product –
(3) Market-Rate & (1) 120%
AMI Affordable Unit – 4-Plex
For Rent Product –
(3) Market-Rate & (1) 80%
AMI Affordable Unit – 4-Plex
Residential Residential Residential
House Construction Cost per Square Foot $251.48 $251.48 $251.48 $251.48 $251.48 For Rent and Commercial Leasable Square Fee 5000 3750 1250 3750 1250 Number of Units 4 3 1 3 1
Unit Size 1,250 1,250 1,250 1,250 1,250
Total Square Feet 5000 3750 1250 3750 1250
For Rent Residential Sales Value at Stabilization $3,796,700 $2,847,500 $885,400 $2,847,500 $590,300 Sales Commissions ($37,967) ($28,475) ($8,854) ($28,475) ($5,903) Net Projected Net Sales Value
(2.5% Opex, 4% Cap Rate) $3,758,733 $2,819,025 $876,546 $2,819,025 $584,397 $3,695,571 $3,403,422
Projected Net Sales Value (per unit) $939,683 $939,675 $876,546 $939,675 $584,397 Building Costs
Direct Construction Costs including Tenant
Improvements $1,257,400 $943,050 $314,350 $943,050 $314,350 Architecture $100,000 $75,000 $25,000 $75,000 $25,000
Impact Fees and Building Permits $77,508 $58,131 $19,377 $58,131 $19,377 General Conditions and GC‘s Fee $509,784 $382,338 $127,446 $382,338 $127,446 Direct Construction Contingency $38,894 $29,170 $9,724 $29,170 $9,724 Direct Builder Construction Costs
Building Hard Costs $1,983,586 $1,487,689 $495,897 $1,487,689 $495,897 $1,983,586 $1,983,586
Sales, Marketing and Advertising $14,000 $10,500 $3,500 $10,500 $3,500 Insurance, Warranty, HOA, etc. $33,791 $25,343 $8,448 $25,343 $8,448 Indirect Builder Costs
Building Soft Costs $47,791 $35,843 $11,948 $35,843 $11,948 $47,791 $47,791
Building Cost Inflation
(2023-2025) $221,349 $166,012 $55,337 $166,012 $55,337
$221,349 $221,349
Total Builder Costs $2,252,726 $1,689,544 $563,182 $1,689,544 $563,182 $2,252,726 $2,252,726
Lot Development Costs
Grading and Site Work $115,065 $86,299 $28,766 $86,299 $28,766 Storm Drain, Sewer, Water, Dry Utilities $140,740 $105,555 $35,185 $105,555 $35,185 Asphalt and Concrete $69,564 $52,173 $17,391 $52,173 $17,391 Landscaping and Irrigation $21,824 $16,368 $5,456 $16,368 $5,456 Common Costs $3,720 $2,790 $930 $2,790 $930
Improvement Cost Contingency $7,018 $5,264 $1,755 $5,264 $1,755 Lot Development Direct Costs
Hard Costs $357,931 $268,448 $268,448 $1,487,689 $495,897 $357,931 $357,931

16 SECTION IV

FEE STUDY METHODOLOGY AND

APPLICATION OF DEVELOPMENT

PRO FORMA ANALYSIS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
Design and Planning Costs $75,000 $56,250 $18,750 $56,250 $18,750 Indirect Cost Contingency $1,500 $1,125 $375 $1,125 $375 Lot Improvement Indirect Costs
Soft Costs $76,500 $57,375 $19,125 $57,375 $19,125
$76,500 $76,500
Development Cost Inflation
(2023-2025) $23,600 $17,700 $5,900 $17,700 $5,900
$23,600 $23,600
Total Lot Improvement Costs $458,031 $343,523 $114,508 $343,523 $114,508 $458,031 $458,031
Land
Land Costs $295,000 $221,250 $73,750 $221,250 $73,750
$295,000 $295,000
Finance Costs
Construction Loan Interest $34,000 $25,500 $8,500 $25,500 $8,500 Construction Loan Fee $26,900 $20,200 $6,700 $20,200 $6,700 Property Taxes $4,100 $3,100 $1,000 $3,400 $700
Total Finance Costs $65,000 $48,775 $16,225 $49,075 $15,925 $65,000 $65,000
Total Development Costs $3,070,757 $2,303,092 $767,665 $2,303,392 $767,365 $3,070,757 $3,070,757
Per Square Foot Development Costs $614/sq ft $614/sq ft $614/sq ft $614/sq ft $614/sq ft Projected Gross Profit
(sales value less devt. costs) $687,976 $515,933 $108,881 $515,633 ($182,968) $624,814 $332,665
Difference in Gross Profit ($63,162) ($355,311)
Subsidy Required per 9 Market-Rate Units to Balance Profits ($7,018) ($39,479)

17 SECTION V

AFFORDABLE HOUSING IMPACT FEE

CALCULATIONS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com

V AFFORDABLE HOUSING IMPACT FEE CALCULATIONS
A Residential Affordable Housing Impact Fees
To determine the residential Impact Fee amount required to finance new market-rate residential development’s share of the costs of Affordable Housing, a blended value of the 80% and 120% AMI subsidy amounts was determined by using the Town’s 6th Cycle RHNA to set the proportion of affordability levels.

As one of the goals of the Impact Fee is to facilitate the construction of all types of Affordable Housing, the allocations for both Moderate-Income and Low-Income units from RHNA were used to establish the proportion of Affordable Housing Units required for each of these two income categories. Based on these allocations, 62.22% of affordable units should be targeted for the 0-80% AMI range and 37.78% of the affordable units should be targeted for the 81-120% AMI range. Applying the 62.22% Affordable Housing apportionment for Low-Income units to the $39,479 per unit subsidy amount calculated above yielded a $24,565 per unit subsidy component. Applying the 37.78% Affordable Housing apportionment for Moderate-Income units to the $7,018 per unit subsidy amount calculated above yielded a $2,651 per unit subsidy. The composite of these two components generates a total blended Impact Fee amount of $27,216 per market-rate unit, as summarized in Table 3.

Table 3: Blended Subsidy Fee Amount
Category Extremely Low
Income
Very Low
Income Low Income Moderate Income
Above Moderate
Income
Percent of AMI 0-30% 31-50% 51-80% 81-120% >120%
Number of Units 1 11 15 30 34 65
% of Moderate-Income and Below 12.22% 16.67% 33.33% 37.78% N/A Total Low and Moderate-Income Pct. 62.22% 37.78% N/A
Subsidy Amount per Unit $39,479 $7,018 N/A
Blended Value $24,565 $2,651 N/A
Total Blended Value: $27,216
Note:

1. California Department of Housing and Community Development (HCD) 6th Cycle Regional Housing Needs Allocation Plan, Mono County Local Governments – Projection Period December 31, 2018, to August 15, 2027.

The blended Impact Fee level represents the maximum Impact Fee level that may be imposed on new residential development based on the cost of subsidizing market-rate dwelling units to make them affordable to Moderate-Income and Low-Income Households. Pursuant to AB 602, a per square foot Impact Fee level was calculated based on the maximum Impact Fee listed in Table 3. Table 4 lists the Affordable Housing Impact Fee per square foot of residential floorspace. The Town Council can choose whether to impose the maximum Impact Fee, or a lower Impact Fee level, based on the most appropriate level for meeting the Town’s overall housing and economic development needs.

18 SECTION V

AFFORDABLE HOUSING IMPACT FEE

CALCULATIONS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
Table 4: Residential Development Affordable Housing Impact Fee Summary Fee Level
Market-Rate Residential
Dwelling Unit
Fee Level per Residential
Square Foot per AB 602 1
$27,216 $10.89
Note:

1. Average square footage of 2,500 per unit based on single family homes sales from 2021-2025, Mammoth Lakes Real Estate Market Statistics
B Non-Residential Affordable Housing Impact Fees
For purposes of this Fee Study, 1,000 square feet of new non-residential development floorspace serves as the metric for all non-residential Impact Fee calculations, except for lodging land uses, for which a hotel/motel room metric is utilized. To help mitigate the impact of non-residential projects on the need for workforce housing in the Town, the Town charges non-residential development for the cost of providing affordable dwelling units since new non-residential development creates a demand for additional employees. In maintaining consistency with the prior Town Fee Study, non-residential land uses are separated into five (5) categories consisting of lodging, retail/restaurant, office, light industrial and service land uses. In an effort to recognize the distinct employee generation pattern of different nonresidential land uses throughout the Town and to implement a more representative Fee structure, DTA has generated alternative Impact Fees for each of the unique non-residential land uses. As was the case for residential development, the Impact Fees were calculated to increase the feasibility of constructing Affordable Housing suitable for both Moderate-Income- and Low-Income Households.

The steps followed in the Fee Study for non-residential development include:

1. Industry Classification: Identify non-residential land use types for different industries located in Mammoth Lakes;

2. Employee Generation: Identify the number of employees generated per square foot of floorspace for the non-residential land use types selected in step 1, except for lodging land uses for which number of employees per room is utilized;

3. Employee Households: Translate the number of employees into the number of households in which these employees reside;

4. Household Income: Determine the percentages of Moderate-Income and Low-Income Households residing in the Town;

5. Affordable Housing Need: Calculate the number of Moderate-Income and Low-Income Households generated by each type of non-residential land use;

6. Fees: Calculate the Affordable Housing Impact Fee for each type of non-residential land use; and

7. Blended Fee: Calculate the blended Moderate-Income and Low-Income Impact Fee for each type of non-residential land use.

19 SECTION V

AFFORDABLE HOUSING IMPACT FEE

CALCULATIONS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
B.1 Employee Generation by Non-Residential Category
As noted previously, for purposes of this analysis, 1,000 square feet of new non-residential development floorspace serves asthe metric for all non-residential Impact Fee calculations except for lodging land uses. The average square footage occupied by an employee for each nonresidential land use type except for lodging is listed in the second column of Table 5. The number of total employees generated by this amount of floorspace can be calculated by dividing the number of square feet in a building by the average number of square feet per employee. Except for the lodging category, this information, in terms of the number of employees per 1,000 square feet, is reflected in the third column of Table 5. For the lodging category, the average hotel or motel room requires .50 employees,
Table 5: Employees per 1,000 Feet by Land Use Type
(or Per Room for Lodging)
Land Use Type
Average
Square Feet
per Employee
Employees Generated
per 1,000 Square Feet (or
Per Room for Lodging)
Lodging NA 0.503
Retail/Restaurant 16391 0.61
Office 4831 2.07
Light Industrial 10002 1.00
Services 12501 0.80
Notes:

1. Source: U.S. Energy Information Administration, 2018 Commercial Buildings Energy Consumption Survey, Table B15, Building Activity Subcategories.

2. Source: U.S. Energy Information Administration Sq. Ft. of enclosed manufacturing floor space, Bureau of Labor Statistics, National number of manufacturing employees

3. Source: 2020 Los Angeles Department of Transportation VMT Calculator, 2025 City of Marina Nexus Study, 2019 San Ramon Commercial Linkage Fee Nexus Study B.2 Employee Households
The average number of employees per household in Mono County is 1.31 according to the U.S.

Census Public Use Microdata Samples (“PUMs”) from the 2024 American Community Survey, which denoted the existence of 4,347 employees in the County versus 3,318 occupied households.

Dividing the number of employees generated per 1,000 square feet (Table 5, Column 3) or per room for the lodging category by the number of employees per household provides the number of employee households created by the different types of land uses. This information is reflected in Table 6.

20 SECTION V

AFFORDABLE HOUSING IMPACT FEE

CALCULATIONS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
Table 6: Employee Households Generated by Land Use Type Land Use Type
Households Generated per 1,000
Square Feet (or Per Room for
Lodging)
Lodging 0.50
Retail/Restaurant 0.47
Office 1.58
Light Industrial 0.76
Services 0.61
B.3 Household Income
The distribution of household income for the Town of Mammoth was obtained from the 2022 American Community Survey. Table 7 lists the percentages of income distribution assigned to the two combined affordability categories, as well as the remainder of the Town’s residents.

Table 7: Income Distribution of Employee Households Generated by Land Use Type Land Use Type Below 120%
AMI
Above 120%
AMI
Household Incomes 59.7% 40.30%
B.3.i Affordable Housing Need
If the percentage of Town households earning within each income bracket (Table 7) is multiplied by the total number of worker households generated by each of the five non-residential land uses (Table 6), the result is the number of worker households generated in that land use category whose incomes fall below 120% AMI. This calculation was performed across five non-residential land uses and two income brackets. The columns listing the number of households with incomes below 120% represents the combined number of Moderate-Income and Low-Income Households that will be generated by each non-residential land use category per 1,000 square feet, as reflected in Table 8.

Table 8: Worker Households Generated by Land Use Type and Income Level per 1,000 Square Feet (or Per Room for Lodging)
Land Use Type Below 120%
AMI
Above 120%
AMI
Lodging 0.30 0.50
Retail/Restaurant 0.28 0.19
Office 0.94 0.64
Light Industrial 0.46 0.31
Services 0.36 0.25

21 SECTION V

AFFORDABLE HOUSING IMPACT FEE

CALCULATIONS
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com
B.3.ii Non-Residential Blended Affordable Housing Impact Fee Calculation As previously discussed in Section V(A) of this Fee Study, DTA has performed an analysis quantifying the expense of subsidizing a market-rate dwelling unit to create Affordable Housing for Moderate-Income and Low-Income Households. This Fee Study determined that a blended subsidy of $27,216 is required from the developers of each of nine market-rate homes to subsidize one Affordable Housing unit. Multiplying the number of affordable units required by new nonresidential development (Table 8) by the Impact Fee per residential unit provides the cost of the Affordable Housing generated by new non-residential development. Since this analysis was initially based on a metric representing 1,000 square feet of new non-residential development (except for the lodging land use), dividing the estimated cost by 1,000 results in the Impact Fee per non-residential square foot. These are listed in Table 9.

Table 9: Non-Residential Blended Affordable Housing Impact Fees per Square Foot (or per Room for Lodging)
Land Use Type
Affordable Housing
Subsidy (or Per Room
for Lodging)
Lodging $8,124
Retail/Restaurant $7.57
Office $25.68
Light Industrial $12.40
Services $9.92

22 SECTION VI

SUMMARY OF AFFORDABLE HOUSING

IMPACT FEES
Town of Mammoth Lakes Oct. 8, 2026
Affordable Housing Development Impact Fee Justification Study www.FinanceDTA.com

VI SUMMARY OF AFFORDABLE HOUSING IMPACT FEES
The recommended maximum Affordable Housing Impact Fees that can be charged to residential and nonresidential development in Mammoth Lakes, as determined utilizing the methodology described in this Fee Study, are the following:

Table 10: Residential Development Affordable Housing Impact Fee Summary Affordable Income Category
Fee Level
Market-Rate Residential
Dwelling Unit
Fee Level per Residential Square
Foot per AB 602 1
Blended Rate
(80% AMI and 120% AMI) $27,216 $10.89
Notes:

1. Average square footage of 2,500 per unit based on single family homes sales from 2021-2025, Mammoth Lakes Real Estate Market Statistics
Table 11: Non-Residential Development Affordable Housing Impact Fee Per Square Foot Summary (or Per Room for Lodging)
Affordable Income Category Lodging
(per Room)
Retail/Restaurant
(per Square Foot)
Office
(per Square
Foot)
Light Industrial
(per Square Foot)
Services (per
Square Foot)
Blended Rate
(80% AMI and 120% AMI) $8,124 $7.57 $25.68 $12.40 $9.92

18201 VON KARMAN AVENUE, SUITE 220
IRVINE, CA 92612
PHONE: (800) 969-4DTA
Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
www.FinanceDTA.com

1 TOWN COUNCIL STAFF REPORT
Title: Waive the reading and introduce by title only the ordinance amending Municipal Code Chapter 8.14 Solid Waste Recycling
Meeting Date: October 21, 2026
Prepared by: Emily Zujewski, Sustainability Coordinator Pam Kobylarz, Assistant to the Town Manager
RECOMMENDATION:

Waive the reading and introduce by title only the ordinance amending Municipal Code Chapter 8.14 Solid Waste Recycling.

BACKGROUND:

In the State of California, AB 341 requires businesses that produce four cubic yards or more of solid waste every week and multi-family complexes with five units or more to participate in a recycling program. Compliance options include subscribing to weekly recycling collection service from your local hauler, or self-hauling recyclables to a recycling center. According to CalRecycle, the purpose of AB 341 is “to reduce greenhouse gas emissions by diverting commercial solid waste to recycling efforts, and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California”.

Under AB 341, the Town of Mammoth Lakes is required to implement a commercial solid waste recycling program that consists of education, outreach, and monitoring of businesses. Jurisdictions are required to report on this program in the yearly Electronic Annual Report (EAR). This program is outlined in Municipal Code Chapter 8.14, which requires “businesses and multifamily housing complexes to make efforts to separate recyclable materials from all other solid waste and by implementing State laws concerning recycling of waste generated at large events and large venues.” Subject to these conditions, multifamily residences and businesses may be allowed to self-haul their recyclables.

The Solid Waste Recycling chapter of the Town’s Municipal Code was adopted by the Town Council in December of 2014 and has been updated several times since the initial adoption to accommodate changes in State requirements and/or local programs and processes. In October 2020, the Town adopted a 20-year Franchise Agreement between the Town and Mammoth Disposal.

ANALYSIS:

Since the adoption of the Solid Waste Recycling Chapter and the updated Franchise Agreement, self-haul processes have not received the attention required by code language

2 and agreement requirements. Self-haul is described as “a (business or multi-family complex) transporting its own recyclable materials rather than contracting with a franchisee or an alternative recycler for that service.” If an account is not subscribed to service, that indicates that they are self-hauling. However, there is no existing framework to confirm who is registered to self-haul and if they are complying with the requirements of the program. After reviewing our current Municipal Code, staff determined that there were some requirements related to the self-haul process that were confusing or unnecessary.

The purpose of this Municipal Code update is to clarify and streamline the self-haul process. Specifically, the proposed changes include:
 8.14.020 – Redefining “Self-haul,” which is currently treated as an exemption from the recycling requirements of MC 8.14, to be a process in which customers may choose to comply with the requirements of the Code. A Selfhaul Agreement will be required for any customers wishing to Self-haul their recyclables.
 8.14.040.(a)(3) – Update related to the change from a Self-haul exemption to an Agreement.
 8.14.040.(f) – New – allowance for Commercial Customers to consolidate service with Town approval under certain conditions.
 8.14.050 and 8.14.070 – clean-up and clarification regarding permitted exemptions to Chapter 8.14.
 8.14.060 – clean-up and clarification regarding the Town’s Self-haul Agreement process and requirements, including the removal of confusing and unnecessary requirements.

The proposed changes will allow Town Staff to move forward with the creation and implementation of a Self-haul program that can be tracked and monitored. The Jurisdiction and Agency Compliance and Enforcement (JACE) branch of CalRecycle will be looking for compliance with these State and Municipal Code requirements, so it is critical to be able to move forward with program implementation.

ORDINANCE NO. 26-XX

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, STATE OF CALIFORNIA,
AMENDING MUNICIPAL CODE CHAPTER 8.14 SOLID WASTE RECYCLING WHEREAS, the Town of Mammoth Lakes’ Municipal Code governs the laws of the Town related to and including solid waste recycling; and WHEREAS, Assembly Bill (“AB”) 939 of 1989, also known as the California Integrated Waste Management Act of 1989, requires the Town to reduce, reuse, and recycle (including composting), solid waste generated in the Town to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, the Mammoth Lakes Town Council has adopted ordinances codified in Chapter 8.14 of the Mammoth Lakes Municipal Code regulating recycling diversion and collection; and
WHEREAS, the Town desires to address inconsistencies and streamline the process for Self-hauling recyclables in existing Municipal Code; and WHEREAS, the Town Council has determined that the public health, safety and welfare of Town residents and visitors will benefit from the proposed amendments to Municipal Code Chapter 8.14.

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

Section 1: Amend Municipal Code Chapter 8.14, which is hereby amended as set forth in Exhibit A attached hereto and incorporated herein.

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

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

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

Ordinance No. 26-

The foregoing Ordinance was PASSED, APPROVED, AND ADOPTED on the 4 th day of
November 2026.
_________________________________
AMANDA RICE, Mayor
ATTEST:
__________________________
JAMIE GRAY, Town Clerk

Ordinance No. 26-

CHAPTER 8.14. - SOLID WASTE RECYCLING

8.14.001. - Title.

This chapter shall be known as the Town Recycling Ordinance.

8.14.010. - Purpose.

It is the intent and purpose of this chapter to require Recycling to enable the Town to comply with State waste diversion requirements and to work toward enhancing the Town's ability to meet future State policy goals for waste diversion rates. This chapter meets this purpose by requiring Businesses and multifamily housing complexes to make efforts to separate Recyclable Materials from all other solid waste and by implementing State laws concerning Recycling of waste generated at large events and large venues.

8.14.020. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative Recycler means a firm, partnership, corporation or other entity, other than a Franchisee, with which a Customer contracts for the removal from the Customer's premises of specified Recyclable Materials generated by the Customer and which pays the Customer for the Recyclable Materials, or which accepts donations of Recyclable Materials from Customers; in no case shall an Alternative Recycler charge or collect any fee or charge from a Customer for the collection or processing of Recyclables.

Approved Recycling Container means a Recycling cart or other wheeled container, frontload bin, or other container provided by a Franchisee or an Alternative Recycler or approved by the Town for the collection and removal of Recyclable Materials.

Business means any commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, property complex containing two or more commercial entities, industrial facility, special district or a Federal, local, or regional agency or facility. In addition, to the extent that applicable law allows the Town to regulate the disposal of waste by schools, school districts, and State agencies, such organizations shall be considered Businesses for the purpose of this chapter.

Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this chapter or as otherwise defined in 14 CCR 18982(a)(73) and (74). For the purposes of this definition, Food Recovery organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR 18982(a)(7).

Commercial Solid Waste means all types of solid wastes generated by commercial, industrial, governmental, multifamily units, and other nonresidential sources, which have been placed in an authorized solid waste container used for the temporary storage of solid waste awaiting pickup. The term "Commercial Solid Waste" does not include hazardous wastes, medical wastes, and special wastes.

Covered Generator means an entity that is subject to the Town's commercial Recycling program requirements and includes:
(1) Any Business as defined in this chapter that generates two cubic yards or more of Commercial Solid Waste per week; and
(2) Any Multifamily Residential Property as defined in this chapter.

Customer, when several Businesses or multifamily residential properties share waste containers or service, refers only to the party that enters into a contract for removal services.

Residential Customer means a residential property owner or occupant; or Commercial Customer means a Business or Multifamily Residential Property owner or Generator that contracts for Recyclable Material removal services with a Franchisee or Alternative Recycler.

Edible Food means food intended for human consumption, or as otherwise defined in 14 CCR 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR 18982(a)(18), the term "Edible Food" is not solid waste if it is recovered and not discarded.

Nothing in this chapter or in 14 CCR Div. 7, Ch. 12 requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code, Health and Safety Code § 113700 et seq.

Food Distributor means a company that distributes food to entities, including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR 18982(a)(22).

Food Facility has the same meaning as in Health and Safety Code § 113789.

Food Recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR 18982(a)(24).

Food Recovery organization.
(1) The term "Food Recovery organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR 18982(a)(25), including, but not limited to:
a. A food bank as defined in Health and Safety Code § 113783;

b. A nonprofit charitable organization as defined in Health and Safety Code § 113841; and
c. A nonprofit charitable temporary Food Facility as defined in Health and Safety Code § 113842.
(2) A Food Recovery organization is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR 18982(a)(7).
(3) If the definition in 14 CCR 18982(a)(25) for Food Recovery organization differs from this definition, the definition in 14 CCR 18982(a)(25) shall apply to this chapter.

Food Recovery Service means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery organization or other entities for Food Recovery, or as otherwise defined in 14 CCR 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR 18982(a)(7).

Food Service Provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR 18982(a)(27).

Franchisee means a firm, partnership, corporation, or other entity authorized under and by virtue of a contract with the Town to collect Recyclable Materials within the Town limits.

Generator means each residential property owner or occupant, Business, or Multifamily Residential Property that generates Recyclable Materials as a result of its activities.

Grocery Store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR 18982(a)(30).

Industrial Waste means all solid wastes and semi-solid wastes that result from industrial processes and manufacturing operations except for hazardous wastes or special wastes.

Inspection means a site visit where the Town reviews records, containers, and an entity's collection, handling, Recycling, or landfill disposal of organic waste or Edible Food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR 18982(a)(35).

Local Education Agency means a school district, charter school, or County office of education that is not subject to the control of Town or County regulations related to solid waste, or as otherwise defined in 14 CCR 18982(a)(40).

Multifamily Residential Property means five or more residential dwelling units, as described by 14 CCR 18836(a)(2), located on a single parcel of land, including any mobilehome park, located within the Town.

Recyclables or Recyclable Material means used residential or Business materials which may be returned to the economic mainstream as commodities for reuse, or for reprocessing to create new or reconstituted products, which, if not segregated from solid waste, would otherwise become solid waste consistent with the requirements of State law. These materials include, but are not limited to, glass, metal, paper, cardboard, plastic, or other materials which have been segregated from garbage and rubbish for the purpose of depositing at a designated collection location, including a curbside location, for collection and transportation to Recycling or transfer station facilities.

Recycling or Recycle means the recovery, repurposing, reuse, transformation, or other diversion of Recyclable Material from landfilling in such a manner that the Town receives diversion credit for such materials and activities from CalRecycle.

Recycling Center means an operation, including a place, mobile unit, reverse vending machine, or other device, which is certified by the State, and which accepts from consumers, and pays or provides the refund value for, empty beverage containers intended to be Recycled.

Self-hauling means a Covered Generator transporting its own Recyclable Materials rather than contracting with a Franchisee or an Alternative Recycler for that service.

Self-haul Agreement means the form Agreement on which a Covered Generator certifies that it is exempt from the requirements of the commercial Recycling program as set forth in Section 8.14.040, it is using an Alternative Recycler, or and that it will be Self-hauling Recyclable Material and its activities will be completed in accordance with the provisions of this chapter and any other applicable law or regulation.

Source Separating or Source Separation means the process of removing Recyclable Materials from solid waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for Recyclable Materials.

Supermarket means a full-line, self-service retail store with gross annual sales of $2,000,000.00 or more and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR 18982(a)(71).

Tier One Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider.

(4) Food Distributor.
(5) Wholesale Food Vendor.

If the definition in 14 CCR 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR 18982(a)(73) shall apply to this chapter.

Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large event.
(5) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(6) A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR 18982(a)(74) shall apply to this chapter.

Wholesale Food Vendor means a Business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR 189882(a)(76).

8.14.030. - General provisions.
(a) Ownership of Recyclable Material. Recyclable Material placed at the curbside or other location for collection by a Franchisee is the property of the Customer until such time as it is collected for disposal, at which time it becomes the property of the Franchisee.
(b) Recyclable Material collection and service.
(1) No person other than a Franchisee or an Alternative Recycler shall remove Recyclable Materials which have been placed in an Approved Recycling Container at the curbside or on the Customer's premises. Any and each violation thereof from one or more Recycling collection locations shall constitute a separate and distinct offense punishable as provided in this chapter.

(2) Subject to the limitations contained in Section 8.14.050, the Town Council may require all residents or any class of residents to obtain recyclable collection service from one or more Franchisees. The Town Council may make such election by resolution or in any solid waste collection agreement entered by the Town and subject to such terms and conditions as the Town Council may prescribe.
(c) Destroying, scattering, scavenging, or collecting Recyclable Material without the consent of the owner is prohibited. It is unlawful for any person to burn, break, destroy, scatter, scavenge, collect, contaminate, or take any Recyclable Materials without the consent of the owner of the Recyclable Materials. (d) Approved Recycling Containers; ownership and unauthorized removal. It is unlawful for a person other than:
(1) The Customer or designee;
(2) The Town;
(3) An authorized agent of the Town; or
(4) The Franchisee or Alternative Recycler;
to remove any Approved Recycling Container from the Customer's premises or curbside.
(e) Right of individual to dispose of Recyclable Material. Nothing in this chapter shall modify, limit, or abrogate in any manner the right of any individual person, organization, or any other entity to donate, sell, exchange at fair market value or otherwise dispose of Recyclable Material, provided that any such disposal is in accordance with the provisions of this chapter.
(f) Placement of Recycling containers. No Recycling containers or bins within the Town shall be placed or located in such a manner that blocks or impedes vehicular or pedestrian traffic, falls within the designated visibility triangles (site distance), or obstructs egress from any building or property, whether or not such building or property may be abandoned or otherwise not in use.
(g) Source Separation of Recyclable Material. All residents and Covered Generators in the Town shall make reasonable efforts to remove from the general waste stream by Source Separation any material designated by the Town and/or a Franchisee as Recyclable Material.
(h) Contamination of Recyclable Material.

(1) Recycling containers provided by the Franchisee or the Alternative Recycler may not contain ten percent or more of non-Recyclable Materials (contaminants). Any Customer who violates this requirement may be charged at the solid waste disposal rate for the disposal of that container.

Any Customer whose Recyclable Material was not collected because it contained contaminants is responsible for properly separating Recyclable Materials from the non-Recyclable Materials for collection and proper Recycling.
(2) It shall be unlawful for a Franchisee or Alternative Recycler to combine materials in solid waste bins or carts with materials in Recycling bins or carts in one collection vehicle.
(i) Civil action by Franchisee or Alternative Recycler. Nothing in this chapter shall be deemed to limit the right of a Franchisee and/or an Alternative Recycler, to bring a civil action against any person who violates the above-described sections, nor shall a conviction for such violation exempt any person from a civil action brought by a Franchisee.

8.14.040. - Commercial Recycling program; requirements for Covered Generators. (a) Each Covered Generator shall be responsible for ensuring and demonstrating compliance with the following requirements:
(1) Source Separation of Recyclable Materials from the solid waste they are discarding;
(2) Providing for a basic level of Recycling service that includes, at a minimum, the collection of Recyclable Materials; and
(3) Entering into a service agreement with a Franchisee for the collection of Recyclable Materials; or completing a Self-haul Agreement or having an exemption request granted by the Town Manager pursuant to section

8.14.050.
(b) Each Covered Generator shall provide containers for designated Recyclable Materials in common areas where Recyclable Materials may be collected. (c) Each Covered Generator shall ensure that designated Recyclable Materials generated at its site will be taken only to a Recycling Center, and not to a landfill for disposal, by complying with all the requirements of this chapter. (d) Each Covered Generator shall prominently post and maintain one or more signs where designated Recyclable Materials are collected that set forth what materials

are required to be source separated, in addition to collection procedures for such materials.
(e) No Covered Generator shall be liable for the failure of a Franchisee or Alternative Recycler to deliver designated Recyclable Materials to a Recycling Center. (f) The Town may allow or require Commercial Customers to consolidate service and assume join responsibility to comply with this Chapter if the Town determines that consolidation of service is feasible. The Town’s determination may be based upon criteria including, without limitation, the presence of inadequate space to store receptacles on one of the properties, and inadequate waste generation to require a service subscription, in conjunction with a subscription to the appropriate level of service and the presence of adequately sized Approved Recycling Container.

8.14.050. - Exemptions to requirements for Covered Generators. (ac) A Covered Generator may be exempted by the Town Manager or designee if it demonstrates that there is no collection service or other system available within a reasonable area for Recycling the waste material generated. (bd) A Covered Generator may be exempted by the Town Manager or designee if it is determined through a site visit requested by the Covered Generator that selfhauling is not a viable option for the Covered Generator, based upon evidence provided by the Covered Generator, and that either:
(1) ThereThat there is not adequate storage space for Approved Recycling Containers for Recyclable Materials on site and that it is infeasible for the Covered Generator to share Approved Recycling Containers for designated Recyclable Materials with another Covered Generator on an adjoining property; or
(2) That compliance with this chapter results in a violation of the Town's Zoning Code, including Town zoning regulations for minimum parking spaces. If the Town Manager, and/or designee, determines that it is feasible for Recycling containers to be placed on site or shared with an adjoining Covered Generator, the Covered Generator will be responsible for compliance with this chapter.
(ce) A Covered Generator may be exempted if utilizing other Recycling efforts that achieve the same diversion objectives as required by this section, as approved by the Town Manager or designee.
(d) All exemptions shall be approved in writing and shall include property address, responsible party contact, reason(s) for exemption, and any conditions or time

restrictions. All exemptions are limited to a term of two years and may be renewed, in the Town’s sole discretion, upon written request.

8.14.060. - Self-hauling requirements for Covered Generators. (a) Any Covered Generator wishing to Self-haul Recyclable Materials to a Recycling Center without the utilization of a Franchisee or Alternative Recycler shall complete a Self-haul Agreement that certifies that all Self-Hauling activities will be completed in accordance with conditions of the Agreement and any applicable laws and/or regulations.
(b) The Self-haul Agreement will be reviewed and approved by the Town Manager or their designee. Approval requirements for Self-hauling may include, but are not limited to, requiring applicants to maintain written records demonstrating that all Self-hauling activities have been completed in accordance with the standards imposed by the Town's commercial Recycling program, as described in this chapter, such as the contact, frequency, and amount of material being Self-hauled.

These records shall be made available to the Town Manager or designee for review upon request.
(c) The Town may revoke a Self-haul Agreement and require the Covered Generator to enter into a service agreement with the Franchisee upon a determination that a Covered Generator has failed to comply with the conditions of an approved Selfhaul Agreement.

8.14.070. - Self-haul Agreement and exemption request; appeal upon denial. (a) Within 30 days of written notification of denial of a Self-haul Agreement or exemption request, or within 60 days of the Town Manager's failure to act on the Self-haul Agreement or exemption request, anthe applicant for a Self-haul Agreement has the right to meet with the Town Manager and/or designee to review the items cited in the written notice and provide any additional evidence to support approval. The applicant shall have the burden of proof to show facts demonstrating that the applicant does, in fact, meet the requirements of this chapter. Within 15 days of such meeting, the Town Manager and/or their designee will make a final, written determination of the application request based on the review of additional evidence, together with the original application. The Town Manager or their designee will send a copy of all final, written determinations, including reasons for denial, if any, to the applicant. (b) If an applicant wishes to appeal a denial made by the Town Manager, the appeal process in Chapter 2.04 shall be followed.

8.14.080. - Large event and large venue Recycling.

(a) This section is intended to implement the requirements of Public Resources Code § 42648 et seq.
(b) When issuing a permit to the operator of a venue or event which will serve or be attended by an average of more than 2,000 individuals for each day of operation (including both workers and guests or Customers), the Town or its Franchisee shall provide information to the operator on programs that can be implemented to reduce, reuse, and Recycle solid waste materials generated at the venue or event.

Each such venue or event shall submit a plan to the Town demonstrating that at least 75 percent of the solid waste generated by the venue or event shall be diverted from landfills through reuse or Recycling. The Town may refuse to issue a permit for any event that fails to submit such a plan and may require a deposit in the amount of $500.00 prior to issuing a permit for such a venue or event to secure compliance with the diversion requirement set forth herein. (c) The Town may require each operator of a venue or event described in Subsection (b) of this section to submit, within 30 days following the end of the event, written documentation of waste reduction, reuse, Recycling, and diversion programs implemented at the venue or event, and the type and weight of materials diverted and disposed at that venue or event. If the venue or event operator has failed to implement such programs or has failed to divert from landfills at least 75 percent of the solid waste generated at the venue or event, the operator shall include an explanation for failure as part of its report to the Town. The venue or event operator shall submit the requested information to the Town no later than one month from the end date of the event. The Town shall refund the deposit described in Subsection (b) of this section for any venue or event which has achieved the diversion goal set forth herein and may retain the deposit provided for any venue or event which has failed to achieve the diversion goal. (d) The Town may, by resolution adopted by the Town Council, impose a fee on the operator of any venue or event described in Subsection (b) of this section to recover the Town's costs incurred in complying with its obligations under State law regarding Recycling at such venues and events.

8.14.090. - Commercial Edible Food Recovery—Requirements for Commercial Edible Food Generators.
(a) Tier One Commercial Edible Food Generators shall comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR 18991.3.

(b) Large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large event to comply with the requirements of this section, commencing January 1, 2024. (c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with or enter into a written agreement with Food Recovery organizations or Food Recovery Services for:
a. The collection of Edible Food for Food Recovery; or
b. Acceptance of the Edible Food that the Commercial Edible Food Generator Sself-hauls to the Food Recovery organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery organization or a Food Recovery Service. (4) Allow the Town's designated enforcement entity or designated third-party enforcement entity to access the premises and review records pursuant to 14 CCR 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery organizations:

1. The name, address and contact information of the Food Recovery Service or Food Recovery organization.

2. The types of food that will be collected by or Sself-hauled to the Food Recovery Service or Food Recovery
organization.

3. The established frequency that food will be collected or Sself-hauled.

4. The quantity of food, measured in pounds recovered per month, collected or Sself-hauled to a Food Recovery
Service or Food Recovery organization for Food Recovery. (d) Nothing in this chapter shall be construed to limit or conflict with the protections provided by the State and Federal Good Samaritan Acts or share table and school food donation guidance pursuant to Education Code § 49580 et seq. or Health and Safety Code § 114079 relating to food safety, as amended, supplemented, superseded and replaced from time to time.

8.14.100. - Commercial Edible Food Recovery—Requirements for Food Recovery organizations and services.
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery organization per month.
(4) The name, address, and contact information for each Food Recovery organization that the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
(c) Food Recovery organizations and Food Recovery Services that have their primary address physically located in the Town and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR 18991.3(b) shall report to the Town the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR 18991.3(b) no later than March 30 of the following calendar year.
(d) Food Recovery capacity planning; Food Recovery Services and Food Recovery organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the Town, or its designated entity, Food Recovery Services and Food Recovery organizations operating in the Town shall provide information and consultation to the Town, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Town and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery organization contacted by the Town shall respond to such request for information within 60 days unless a shorter timeframe is otherwise specified by the Town.

8.14.110. - Commercial Edible Food Recovery—Compliance Inspections.

The Town or its agent may enter a commercial premises or common areas of a multifamily property of five or more units to conduct a compliance Inspection of any collection container or collection vehicle load, and may enter a transfer, processing, or disposal facility to conduct a compliance Inspection. Compliance Inspections may be performed without prior notice during normal Business hours. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for:
(1) Access to an entity's premises; or
(2) Access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described.

8.14.120. - Commercial Edible Food Recovery—Complaints.

The Town shall receive written complaints from persons regarding an entity that may be potentially noncompliant with the requirements of this chapter and applicable law, including receipt of anonymous complaints.

8.14.130. - Enforcement.
(a) Authority. The Town Manager or designee is authorized to administer and enforce the provisions of this chapter. To the extent permitted by law, the Town Manager or designee may inspect any collection container, collection vehicle load, or receiving facility for collected trash or Recyclable Materials. (b) Remedies. It is unlawful to violate any provision or requirement of this chapter.

The failure to comply with any requirement of this chapter constitutes a violation of this chapter. Each instance of a violation of this chapter is a separate offense.

All violations of any portion of this chapter are declared to be misdemeanors or infractions, pursuant to Section 1.12.010.
(c) Remedies cumulative. Remedies under this section are in addition to and do not supersede or limit any other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(d) Strict liability. Violations of this chapter shall be treated as strict liability offenses regardless of intent.

1 TOWN COUNCIL STAFF REPORT
Title: Town of Mammoth Lakes priorities for the Fiscal Year 26/27 Inyo National Forest Program of Work
Meeting Date: October 21, 2026
Prepared by: Lawson Reif, Outdoor Recreation Manager
RECOMMENDATION:

The Town Council Review and Approve the Town of Mammoth Lakes (TOML) Priorities for the Fiscal Year (FY) 26/27 Inyo National Forest Program of Work.

BACKGROUND:

As the Inyo National Forest moves into a new fiscal year, TOML prepares a list of priority projects for review by Inyo leadership. The criteria to include projects on the list are those that require higher level National Environmental Policy Act (NEPA) and specialist input.

Submitting TOML priorities at this time allows for review in the early stages of the FY, when forest leadership is developing their work program.

It is not anticipated that all projects listed would be included in the Inyo National Forest Program of Work, however the full list of priorities is recommended so Inyo leadership is aware of the Town’s priorities in general. The priorities you will see in the proposed letter are merely recommendations from the Outdoor Recreation Manager and may not cover all Town Council priorities. The letter can be adjusted to include those additional items, if any, or to modify the order of importance of the items listed.

ANALYSIS:

Below is a brief description of each project listed in the Town’s priorities for the FY26/27 Inyo National Forest Program of Work.
1) Since its incorporation & until recently, TOML has utilized the Snow Storage Area located at the Forest Service (USFS) Heli-Pad located slightly east of the USFS compound along Highway 203. The USFS has not provided a definitive answer regarding future use of this site and considering the importance of snow storage within Town, further engagement appears prudent.
2) SHARP (Sherwins Area Recreation Plan) continues to move forward as we are now in implementation for SHARP 3. SHARP 4 is the final environmental analysis needed in the Snowcreek Meadow Area and Panorama Dome that would complete this project.

2 3) Fuels Management and increasing resiliency in our community are paramount, with the recent events in Los Angeles highlighting this further. Fuels Management work on federal lands will require NEPA and specialist engagement. Without NEPA and subsequent authorization Mammoth Lakes Fire Protection District (MLFPD), TOML, & others will not be able to treat or assist with treatment of USFS lands. 4) The 2018 Farm Bill has been reauthorized and allows for housing to be built on USFS Administrative Sites. In Mammoth Lakes, that area is currently occupied by the USFS housing compound. The Mammoth District Ranger seems amenable to moving forward with proposals and having administrative housing on this site, usable by partner agencies, which would have immense benefit to various organizations willing to participate.
5) Acquisition of Inyo lands around the Airport has been on the Inyo Program of Work Council approved document since 2022. This request makes sense to provide Mammoth-Yosemite Airport the autonomy it needs to provide the best product possible.

ENVIRONMENTAL CONSIDERATIONS:

TOML currently has a Town Council approved Collection Agreement with the Inyo National Forest for $70,000.00 to facilitate NEPA related to TOML prioritized project work. This should allow for a more efficient NEPA process once projects are approved.

LEGAL CONSIDERATIONS:

All projects requested by TOML for the FY26/27 Inyo Program of Work would require NEPA analysis.

______________________________________________________________________________ October 21, 2026
Re: Town of Mammoth Lakes priorities for the FY26/27 Inyo National Forest Program of Work Dear Inyo National Forest Supervisor & Mammoth District Ranger Wong, Enclosed for your consideration are the priority projects of the Town of Mammoth Lakes for the FY2026/2027 Inyo National Forest Program of Work. The following document has been presented to, and approved by, Town Council. The Town’s priority projects that will require additional Inyo National Forest Resources, specifically for NEPA related work, include:
1) Continued efforts related to permitting & environmental analysis of the Snow Pit. 2) Continued Sherwin Meadows (SHARP 4) trail planning & implementation. 3) Collaborative efforts related to NEPA to support Fuels Management. 4) Proactive engagement and work toward utilization of the Farm Bill or related authorization to build administrative housing on Inyo National Forest Admin. Site. 5) Acquisition of Inyo National Forest lands surrounding Mammoth Yosemite Airport.

We continue to be excited for the future and being able to work together meeting goals of the USFS and the expectations all of us who enjoy recreating on our public lands. If you have questions or require more information, please do not hesitate to reach out.

Please provide your feedback regarding these proposed additions to the FY26/27 Inyo National Forest Program of Work. We appreciate your consideration and look forward to our continued partnership to enhance opportunities and experiences for our residents and visitors enjoying the Inyo National Forest.

Sincerely,
Rob Patterson
Town Manager
Town of Mammoth Lakes
Town of Mammoth Lakes
P.O. Box 1609, Mammoth Lakes, CA, 93546
(760) 965-3600
www.townofmammothlakes.ca.gov

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) – Sauser, Truax, and Vacant as alternate
Airport Land Use Commission – Rice, Truax, and Vacant as the alternate Mono County Collaborative Planning Team (CPT) – Community and Economic Development Director Nolan Bobroff and Vacant and Truax as alternates Intergovernmental Relations:

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