Town Council - December 07, 2022
1. CALL TO ORDER
The Mayor called the meeting to order at 4:05 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.
2. PLEDGE OF ALLEGIANCE
Councilmember Sauser led the flag salute.
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.
Charlie, The Sheet, asked questions about the snow pit agreement with the Forest Service. Town Manager Daniel C. Holler responded to Charlie's questions.
Sandy Hogan, speaking on behalf of Yosemite Area Regional Transportation System (YARTS), gave an update regarding the recent YARTS meeting and requested funding from the Council to support YARTS.
4. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.
Town Manager Daniel C. Holler reported that an urgency item needed to be added for a closed session regarding existing litigation.
It was moved by Mayor Lynda Salcido, seconded by Councilmember Bill Sauser, and carried by a 5-0 vote that, pursuant to Government Code Section 54954.2b2, the Council hereby determines that there is a need to take immediate action and that the need for action came to the attention of the Town subsequent to the agenda being posted as specified in subdivision a, said item being:
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph 1 of subdivision (d) of Section 54956.9)
Name of case: Main Street Taxpayer Association v. Town of Mammoth Lakes
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Lara Kaylor, Mammoth Lakes Tourism (MLT) Director of Communications, gave an update regarding current MLT activities.
Mayor Salcido noted that a work program accomplishments handout was available. She reported on the Town Manager evaluation special meeting held last night.
Office of Outdoor Recreation Manager Lawson Reif gave an update regarding current outdoor recreation activities. There was discussion among members of Council and staff.
Parks and Recreation Director Stuart Brown gave an update regarding current parks and recreation activities.
5.1 Did you Know? Air Service.
1. Did you Know - Air Service.pdf
2. TOML_DYK_Sheet_November_FINAL.pdf
3. TOML_DYK_elSol_3-8_November_FINAL.pdf
Administrative Services/Finance Director Rob Patterson gave an update regarding air service and outlined the information in the Did You Know? piece. There was discussion among members of Council and staff.
5.2 December 2023 Public Works Engineering Update.
1. December 2023 PWE Update.pdf
2. Capital Project Update December.pdf
3. TOML_winter_roads_5x7_R4.pdf
6. CONSENT AGENDA
Moved by
Councilmember Bill Sauser
Seconded by
Mayor Pro Tem John Wentworth
Approve the Consent Agenda.
For (5)
Councilmember Bill Sauser, Mayor Lynda Salcido, Councilmember Kirk Stapp, Mayor Pro Tem John Wentworth, and Councilmember Sarah Rea Carried (5 to 0)
6.1 Approve the minutes of the regular meeting of November 16, 2022.
1. November 16, 2022 Minutes.pdf
6.2 Approve the resolution re-authorizing the Town Council to meet virtually during the COVID-19 pandemic declared emergency.
1. Resolution Extending Virtual Meetings - AB 361.pdf
6.3 Receive and file the Snowcreek Development Agreement Annual Review Report.
1. Snowcreek Development Agreement - 2022 Annual Review Report.pdf
2. Attachment 1 - 2022 Snowcreek Development Agreement Annual Review .pdf
3. Attachment 2 - 2022 Snowcreek Compliance Letter.pdf
6.4 Authorize the Town Manager to execute a not to exceed $700,000 contract with HMC Architects for architectural design services for the new Town Hall.
1. Architectural Design Services Contract for the New Town Hall.pdf
6.5 Accept and File the SB 165 Tax Accountability Report for CFD 2001-1 (North Village), CFD 2004-1 (Fractional), CFD 2005-1 (In Lieu), and CFD 2013-3 (Transit Services).
1. 2022 - SB 165 Special Tax Accountability Report for CFD's .pdf
2. SB 165_2022.pdf
6.6 Approve the Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes Police Officers’ Association (“MLPOA”), which shall be in effect from July 1, 2022, through June 30, 2025.
1. Approve the MOU between the Town and the Mammoth Lakes Police Officers' Association.pdf
2. MLPOA MOU 2022 - DRAFT.pdf
6.7 Approve and adopt Resolution No. 22-XX establishing the fiscal year 2022-23, 2023-24, and 2024-25 compensation schedules for the Mammoth Lakes Police Officers’ Association (“MLPOA”).
1. Approve Resolution adopting FY 22-23, 23-24, and 24-25 Comp Schedules for the Mammoth Lakes Police Officers' Association.pdf
2. Resolution 22-XX MLPOA Compensation Schedules.pdf
3. MLPOA 2022 - By Position - 10.2022 Final Draft Attachment A.pdf
6.8 Accept Check Register 11/17/2022 in the amount of $471,556.51. Accept Check Register 11/22/2022 in the amount of $491,378.04.
1. Chech Register 11172022.pdf
2. Check Register 11222022.pdf
7. 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.
7.1 Consider Adoption of a Resolution Approving the Solid Waste Disposal Charges and Rates for January 1, 2023 through December 31, 2027
1. Staff Report - Solid Waste Rates 2023-27 (002).pdf
2. Resolution - Solid Waste Rates 2023-27.pdf
3. Prop 218 notice.pdf
The Mayor opened the public hearing at 4:46 p.m.
Assistant to the Town Manager Pam Kobylarz outlined the information in the staff report, and noted that no correspondence had been received from the public against the rate increase. There was discussion among members of Council and staff.
Mike Smith, Mammoth Disposal, answered questions about hauling trash out of state. He spoke about their cost increases and the request for the rate increase. There was discussion among members of Council, staff, and Mr. Smith.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 5:11 p.m.
Moved by
Mayor Pro Tem John Wentworth
Seconded by
Councilmember Bill Sauser
Adopt
a Resolution Approving the Solid Waste Disposal Charges and Rates for January 1,
2023
through December 31, 202
7 .
For (5)
Councilmember Bill Sauser, Mayor Lynda Salcido, Councilmember Kirk Stapp, Mayor Pro Tem John Wentworth, and Councilmember Sarah Rea Carried (5 to 0)
7.2 Transit CFD No. 2013-3 Annexation No. 6.
1. Transit CFD Annexation No. 6 PH.pdf
2. 1. Order of Proceedings for Public Hearing.pdf
3. 2. Resolution Annexing Property.pdf
4. 3. Resolution Declaring Results.pdf
5. 4. Annexation Ordinance.pdf
6. 5. Amendment No. 6 to NSTL.pdf
7. 6. CFD 2013-3 Annex. 6 - Annexation Map.pdf
The Mayor opened the public hearing at 5:15 p.m.
Town Manager Daniel C. Holler outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 5:17 p.m.
Town Clerk Jamie Gray opened the ballot and announced the results of the election.
Moved by
Mayor Lynda Salcido
Seconded by
Mayor Pro Tem John Wentworth
Approve the resolution authorizing the annexation of territory into Community Facilities District No. 2013-3 (Transit Services), authorizing the levy of a special tax, and submitting the levy of special tax to qualified electors.
For (5)
Councilmember Bill Sauser, Mayor Lynda Salcido, Councilmember Kirk Stapp, Mayor Pro Tem John Wentworth, and Councilmember Sarah Rea Carried (5 to 0)
Moved by
Mayor Lynda Salcido
Seconded by
Councilmember Bill Sauser
Adopt the resolution declaring the results of a special annexation landowner election, determining the validity of prior proceedings, and directing the recording of the sixth amendment to notice of special tax lien.
For (5)
Councilmember Bill Sauser, Mayor Lynda Salcido, Councilmember Kirk Stapp, Mayor Pro Tem John Wentworth, and Councilmember Sarah Rea Carried (5 to 0)
Moved by
Mayor Lynda Salcido
Seconded by
Mayor Pro Tem John Wentworth
Waive the reading and introduce by title only the ordinance authorizing the levy of special taxes in Community Facilities District No. 2013-3 (Transit Services), including certain annexation territory.
For (5)
Councilmember Bill Sauser, Mayor Lynda Salcido, Councilmember Kirk Stapp, Mayor Pro Tem John Wentworth, and Councilmember Sarah Rea Carried (5 to 0)
7.3 Consideration of an Ordinance Adopting and Amending the 2022 California Building Standards Code and making minor changes to Chapters 15.04, 15.12, 15.16, 15.24, 15.40 of the Mammoth Lakes Municipal Code.
1. Building Code Update 2022.pdf
2. Attachment 1_Ordinance Adopting 2022 Building Code.pdf The Mayor opened the public hearing at 5:21 p.m.
Town Manager Daniel C. Holler and Building Official Tom Perry outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 5:25 p.m.
The Mayor called a recess at 5:27 p.m. and the Council reconvened at 5:38 p.m.
Moved by
Councilmember Bill Sauser
Seconded by
Mayor Pro Tem John Wentworth
Approve Option 1 and waive the full reading and adopt by title only an ordinance amending Municipal Code Chapters 15.04, 15.12, 15.16, 15.24, and 15.40 to reflect adoption of the 2022 Edition of the California Building Standards Codes, including the California Building, Plumbing, Mechanical, Electrical, Residential, Energy, Historical Building, Existing Building, Referenced Standards, Administrative, and Green Building Standards Codes, minor changes to Chapters 15.12, 15.16, 15.24, and 15.40, adoption of the 2016 Edition of the American Concrete Institute 306R Guide to Cold Weather Concreting, and the 2021 Edition of the International Property Maintenance Code, with certain local amendments. additions and deletions For (5)
Councilmember Bill Sauser, Mayor Lynda Salcido, Councilmember Kirk Stapp, Mayor Pro Tem John Wentworth, and Councilmember Sarah Rea Carried (5 to 0)
8. COUNCIL PRESENTATION
8.1 Recognition of Mayor's Spirit of Mammoth Award.
Mayor Salcido presented the Mayor's Spirit of Mammoth Award to the employees of the Town of Mammoth Lakes.
8.2 Recognition of outgoing Councilmember Kirk Stapp.
Members of the Council, staff, and the public thanked Councilmember Stapp for his service.
8.3 Recognition of outgoing Mayor Lynda Salcido.
Members of the Council, staff, and the public thanked Mayor Salcido for her service.
9. COUNCIL REORGANIZATION
9.1 Adopt the resolution reciting the fact of the Municipal Election held on November 8, 2022, declaring the result and such other matters as provided by law, including the administration of the oath of office to newly-elected Councilmembers.
1. Action Sheet - election results.pdf
2. Resolution regarding election results.pdf
Town Clerk Jamie Gray administered the oath of office to the newly elected members of the Town Council/ Moved by
Mayor Lynda Salcido
Seconded by
Councilmember Bill Sauser
Adopt the resolution reciting the fact of the General Municipal Election held on November 8, 2022, declaring the result, and such other matters as provided by law.
For (5)
Councilmember Bill Sauser, Mayor Lynda Salcido, Councilmember Kirk Stapp, Mayor Pro Tem John Wentworth, and Councilmember Sarah Rea Carried (5 to 0)
9.2 Appointment of Mayor and Mayor Pro Tem.
1. Appointment of Mayor and Mayor Pro Tem.pdf
Town Clerk Jamie Gray asked the Council for a motion to appoint a Mayor.
Moved by
Councilmember Bill Sauser
Seconded by
Councilmember Sarah Rea
Appoint Mayor Pro Tem Wentworth as the Mayor.
For (5)
Councilmember Bill Sauser, Mayor Lynda Salcido, Councilmember Kirk Stapp, Mayor Pro Tem John Wentworth, and Councilmember Sarah Rea Carried (5 to 0)
Moved by
Mayor Pro Tem John Wentworth
Seconded by
Councilmember Sarah Rea
Appoint Councilmember Sauser as the Mayor Pro Tem.
For (5)
Councilmember Bill Sauser, Mayor Lynda Salcido, Councilmember Kirk Stapp, Mayor Pro Tem John Wentworth, and Councilmember Sarah Rea Carried (5 to 0)
10. COUNCILMEMBER REPORTS
1. Councilmember Reports.pdf
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities.
There were no reports given at this time.
URGENCY ITEM CLOSED SESSION
At 6:09 p.m. the Mayor announced that the Town Council would be entering into closed session to discuss the following:
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph 1 of subdivision (d) of Section 54956.9)
Name of case: Main Street Taxpayer Association v. Town of Mammoth Lakes
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
The Council reconvened from closed session at 6:37 p.m. and announced that direction was given to the Town Attorney to defend the Town in the litigation noted in the closed session item.
11. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, December 21, 2022 at 4:00 p.m.
The Council adjourned the meeting at 6:37 p.m.