Town Council - March 01, 2023
1. CALL TO ORDER
The Mayor called the meeting to order at 4:01 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.
2. PLEDGE OF ALLEGIANCE
District Ranger Fred Wong 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.
There were no public comments given at this time.
4. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.
There were no additions to the agenda.
5. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Public Works Director Haislip Hayes gave a presentation regarding an Update on Snow Related Operations. There was discussion among members of Council and staff.
Office of Outdoor Recreation Manager Lawson Reif gave an update regarding current outdoor recreation activities.
Administrative Services/Finance Director Rob Patterson gave an update regarding Airport operations during the storm events. There was discussion among members of Council and staff.
Mammoth Lakes Tourism (MLT) Executive Director John Urdi gave an update regarding today's MLT meeting. There was discussion among members of Council and Mr. Urdi.
Acting Police Chief Dan Casabian gave an update regarding current police activities.
6. COUNCIL PRESENTATIONS
6.1 Recognition of Police Officer Daniel Hansen for a 15-year anniversary award.
Acting Police Chief Dan Casabian thanked Officer Hansen for his years of service.
7. STAFF PRESENTATIONS
7.1 Update on Reds Meadow Road Project.
1. Update on Red Meadow Road Project.pdf
Public Works Director Haislip Hayes outlined the scope of the project and introduced Dustin Robbins, Federal Highway Administration. Mr. Robbins gave an update regarding the project.
District Ranger Fred Wong said that they were working on the Forest Service communications plan.
National Monuments Site Manager Rebecca Carr said that their concerns were ensuring that there was efficient transportation and a good experience for visitors.
There was discussion among members of Council, staff. Mr. Robbins, and Mr. Wong.
PUBLIC COMMENT:
Cleland Hoff outlined her concerns with the project.
7.2 Quarterly Presentation by Airport Core Management Team – Winter 2022.
1. Airport Quarterly - Mar 2023.pdf
2. Presentation(1).pdf
Administrative Services/Finance Director Rob Patterson and Deputy Airport Manager Sierra Shultz gave a presentation regarding the Airport Quarterly Update. There was discussion among members of Council and staff.
7.3 Quarterly TOT Enforcement Update – Second Quarter FY22-23.
1. TOT Enforcement 2nd Qtr Update.pdf
2. Presentation(2).pdf
Administrative Services/Finance Director Rob Patterson gave a presentation regarding the quarterly TOT enforcement update. There was discussion among members of Council and staff.
8. CONSENT AGENDA
Moved by
Councilmember Chris Bubser
Seconded by
Councilmember Amanda Rice
Approve the Consent Agenda.
For (4)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1)
Councilmember Sarah Rea
Carried (4 to 0)
8.1 Approve the minutes of the regular meeting of February 15, 2023.
1. February 15, 2023 Minutes.pdf
8.2 Accept Check Register 02/15/2023 in the amount of $318,970.51.
1. Check Register 02152023.pdf
9. 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.
9.1 Transit Community Facilities District (CFD) No. 2013-3 Annexation No. 7.
1. Transit CFD Annex. No. 7 Election.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. 7 to NSTL.pdf
7. 6. CFD 2013-3 Annex. 7 - Boundary Map.pdf
The Mayor called for written protests, and no written protests were received.
The Mayor opened the public hearing at 6:20 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 6:22 p.m.
Town Clerk Jamie Gray announced the result of the property owner vote.
Moved by
Mayor John Wentworth
Seconded by
Councilmember Chris Bubser
Adopt 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 o f special tax to qualified electors.
For (4)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1)
Councilmember Sarah Rea
Carried (4 to 0)
Moved by
Mayor John Wentworth
Seconded by
Councilmember Amanda Rice
Adopt the resolution declaring the results of a special annexation landowner election, determining validity of prior proceedings and directing the recording of the seventh amendment to notice of special tax lien for Community Facilities District No. 2013-3 (Transit Services).
For (4)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1)
Councilmember Sarah Rea
Carried (4 to 0)
Moved by
Mayor John Wentworth
Seconded by
Mayor Pro Tem Bill Sauser
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 (4)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1)
Councilmember Sarah Rea
Carried (4 to 0)
10. POLICY MATTERS
10.1 Approve Memorandum of Understanding (MOU) with the Inyo National Forest Designating Town of Mammoth Lakes as a Cooperating Agency for Over-Snow Vehicle (OSV) Planning Efforts under Subpart C of the Travel Management Rule.
1. Approval of MOU with Inyo National Forest Designating the Town as a Cooperating Agency.pdf
2. 2023.02.01_DRAFT_MOU_forOSV_PlanningInyoNF.pdf
Town Manager Daniel C. Holler outlined the information in the staff report.
District Ranger Fred Wong outlined the Forest Service's practice of using an MOU.
There was discussion among members of Council and staff.
PUBLIC COMMENT:
David Page, Winter Wildlands Alliance, spoke in support of the proposed MOU.
The Mayor called a recess at 6:35 p.m. and the Council reconvened at 6:48 p.m.
Moved by
Mayor Pro Tem Bill Sauser
Seconded by
Councilmember Amanda Rice
Approve
and Authorize the Town Manager to sign
Memorandum of Understanding (MOU) with the Inyo National Forest Designating Town of Mammoth Lakes as a Cooperating Agency for OSV Planning Efforts under Subpart C of the Travel
M
anagement Rule
, subject to final USFS
approval
. Direct the Town Manager to
notify Mono County that the Town was taking this action.
For (4)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1)
Councilmember Sarah Rea
Carried (4 to 0)
10.2 Agreements with Mammoth Unified School District (MUSD) and Mono County Office of Education (MCOE) for a one-month lease extension and a five-year lease to convert the existing Ice Rink Site to a Community Pickleball and Multi-Use Complex.
1. Agreements with MUSD and MCOE for the use of the existing ice rink site.pdf
2. Staff Report.pdf
3. Attachment A_Lease Term Extension.pdf
4. Attachment B_New Five Year Lease Agreement.pdf
5. MUSD and AllSport America Inc. Presentation_3-1-2023.pdf Parks and Recreation Director Stuart Brown outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by
Mayor Pro Tem Bill Sauser
Seconded by
Councilmember Amanda Rice
Approve the
a
greements with Mammoth Unified School District (MUSD) and Mono County Office of Education (MCOE) for a one-month lease extension and a five -
year lease to convert the existing Ice Rink Site to a Community Pickleball and Multi-Use Complex, and authorize the Town Manager to sign those agreements.
For (4)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1)
Councilmember Sarah Rea
Carried (4 to 0)
10.3 Agreement with AllSport America, Inc. for the installation of a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 and the installation of 6 regulation Pickleball Courts on the existing ice rink site.
1. Agreement with Allsport America for Tennis court and Pickleball court repair and installation.pdf
2. Staff Report for Allsport Contract.pdf
3. Attachment - Agreement with AllSport America Inc._.pdf
4. MUSD and AllSport America Inc. Presentation_3-1-2023(1).pdf Parks and Recreation Director Stuart Brown outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by
Mayor Pro Tem Bill Sauser
Seconded by
Councilmember Amanda Rice
Authorize the Town Manager to execute an Agreement with AllSport America, Inc. for the installation of a Sport Court Modular Overlay Surface on Community Tennis Courts 5/6 and the installation of 6 regulation Pickleball Courts on the District/MCOE Ice Rink/RecZone site in the amount of $275,000 that includes a contingency of $10,600, and if funds are left then authorize the use of those funds for replacement of backboards and basketball court at Shady Rest Park.
For (4)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1)
Councilmember Sarah Rea
Carried (4 to 0)
10.4 Presentation on budget performance through the second quarter of FY22-23 and approval of Budget Amendments.
1. 2nd Qtr FY22-23.pdf
2. Presentation.pdf
3. Resolution.pdf
4. FY22-23 2nd QTR Budget Amendments.pdf
Administrative Services/Finance Director Rob Patterson gave a presentation regarding the second quarter budget update. There was discussion among members of Council and staff.
Moved by
Mayor Pro Tem Bill Sauser
Seconded by
Councilmember Chris Bubser
Adopt the proposed resolution amending the Fiscal Year 22-23 budget as recommended in Attachment A – Budget Adjustments.
For (4)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1)
Councilmember Sarah Rea
Carried (4 to 0)
10.5 Ordinance Relating to Electronic and Paperless Filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements.
1. Electronic Campaign Filing.pdf
2. NetFile Electronic filing ordinance.pdf
Town Clerk Jamie Gray outlined the information in the staff report.
Moved by
Mayor Pro Tem Bill Sauser
Seconded by
Councilmember Amanda Rice
Waive the reading and introduce by title only the ordinance adding Chapter 2.80 “Electronic and Paperless Filing of Campaign Disclosure Statements and Statements of Economic Interest” to the Mammoth Lakes Municipal Code.
For (4)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1)
Councilmember Sarah Rea
Carried (4 to 0)
10.6 Approval of Updated Agreement with Axon Enterprise, Inc for provision of Public Safety Body Cameras, Data Storage, Software, Tasers, Taser Supplies and related items in an amount not to exceed $150,000 over a five-year period.
1. Approval Agreement with Axon Enterprise, Inc for provision of Public Safety Body Cameras Taser Program.pdf
2. Axon OSP 7 Quote (415 start date) (002).pdf
Town Manager Daniel C. Holler outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by
Mayor John Wentworth
Seconded by
Councilmember Amanda Rice
Approval of Updated Agreement with Axon Enterprise, Inc for provision of Public Safety Body Cameras, Data Storage, Software, Tasers, Taser Supplies and related items in an amount not to exceed $150,000 over a five year period pending final legal review and authorize the Town Manager to sign the agreement.
For (4)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Chris Bubser, and Councilmember Amanda Rice Absent (1)
Councilmember Sarah Rea
Carried (4 to 0)
11. COUNCILMEMBER REPORTS
1. Councilmember Reports.pdf
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities Mayor Pro Tem Sauser attended the Mammoth Lakes Tourism Board meeting.
Councilmember Bubser attended the Town/County Liaison Committee meeting, thanked Matt Paruolo from Southern California Edison (SCE) for inviting her to learn more about how SCE operated in our community, and met with Janet Hatfield from the Whitebark Institute.
Mayor Wentworth attended the Local Transportation Commission meeting and listened to the Mammoth Lakes Tourism Board meeting. .
12. CLOSED SESSION
At 7:56 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.
12.1 Pursuant to Government Code Section 54957, the Council will hold a conference to consider evaluation of a public employee: Town Manager.
12.2 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case: Jill Rudolph Et Al. v. Town of Mammoth Lakes (Case No: 22UCM102)
12.3 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case: Louis and Pimchan Cohen. v. Town of Mammoth Lakes (Case No: 22UCM103)
12.4 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
13. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 8:53 p.m. and announced that there was no reportable action taken.
14. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, March 15, 2023 at 4:00 p.m.
The Council adjourned the meeting at 8:53 p.m.