Town Council Special Meeting Agenda
Friday, March 31, 2023, 1:30 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, Councilmember 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 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: All comments will be limited to a speaking time of five minutes.
NOTE: This meeting will be conducted pursuant to the provisions of Assembly Bill 361 which amends certain requirements of the Ralph M. Brown Act. While Suite Z is still open to the public, it is strongly encouraged that you watch the Town Council meetings on the Town of Mammoth Lakes' website atwww.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.
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1. CALL TO ORDER
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. POLICY MATTERS
4.1 Resolution Ratifying the Updated Town Manager Proclamation Declaring the Existence of a Local Emergency.
5. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, April 5, 2023 at 4:00 p.m.
1 TOWN COUNCIL STAFF REPORT
Title: Resolution Ratifying the Updated Town Manager Proclamation Declaring the Existence of a Local Emergency and Direction and Update on Town Response.
Meeting Date: March 31, 2023
Prepared by: Daniel C. Holler, Town Manager
RECOMMENDATION:
Adopt Resolution Ratifying the Updated Town Manager Proclamation Declaring the Existence of a Local Emergency and direction and update on Town response.
BACKGROUND:
These extreme winter conditions have and will continue to create hazardous and unsafe conditions within the Town of Mammoth Lakes with potential damage to structures, stranded motorists, increased traffic accidents, damage to public infrastructure and equipment, and unsafe roadways. The declaration is needed to address the local emergency and to assist in recovery efforts resulting in the need to request State resources that are beyond the control, services, personnel, equipment and facilities within the Town of Mammoth Lakes and regional mutual-aid area. Due to these conditions the Town Manager declared a state of Local Emergency pursuant to Section 2.48.060 of the Town of Mammoth Lakes Municipal Code on March 3, 2023. The Town Council ratified the state of emergency on March 7, 2023. Due to continued and worsening conditions related to the ongoing threat to life and property, the Town Manager issued a second emergency proclamation on March 27, 2023. The proclamation must be ratified by the Town Council within seven days, or it terminates. The attached resolution authorizes the updated Emergency Proclamation to be in effect for at least 60 days. It may be terminated sooner or extended by Town Council action.
The most significant change in the Town’s emergency response and the need to update and issue an additional emergency proclamation is due to continued structural failures in residential and commercial buildings, the explosion of one condo unit, and the ongoing snow accumulation and forecast for additional snow into the early part of April 2023 as forecasted by the National Weather Service. The Town’s resources are no longer able to provide services necessary for the protection of life and property in the Town of Mammoth Lakes, including snow loading factors on structures and the lack of access to propane valves/regulators at the building interface and access to propane tanks. Town roadways to many local residential properties continue to have limited access for public safety response and for public access. The proclamation addresses these concerns and calls for additional assistance from State and Federal agencies.
2 ANALYSIS:
Staff have taken a number of actions in response to the Town, County, State, and Federal declared extreme weather emergency. Staff have engaged with the Incident Management Team (IMT), Emergency Operations Center (EOC), and partners in responding to the emergency. State resources are deployed to the Town (pre-positioned) and/or directly for specific tasks based on requests. The IMT has transitioned out of the area and the incident management has been handed back to the local agencies. Regular briefings are continuing.
A longer operational period Inyo/Mono EOC Action Plan is continuing to be prepared.
These efforts continue to support the assignment of regional assets to assist local agencies.
This includes the commitment of 40+/- dump trucks and loaders to assist with snow removal from Town streets. Additional law enforcement personnel are also assisting with traffic management for trucking operations and other weather or incident related responses.
The pre-positioning of Urban Search and Rescue teams (USAR) in Town and the allocation of additional engine companies are supporting Mammoth Lakes Fire Protection District (MLFPD) with incident response and digging out of hydrants. Additional hand crews have been requested. We still are challenged with using State resources on private properties, with very limited exceptions. The Town has set up a call center to assist in addressing potential structural failures. The next step in this process will be transitioning into recovery while still responding to emergency situations over the next several weeks. Staff continued to receive structural review support from the CalOES teams. The process of “tagging” structures is ongoing. Work to date is noted in the attached summary chart of preliminary data on the issuance of a red, yellow, or green tags. The work effort to address tagged building will be substantial for the Town and private entities. Response teams are also assisting with related incidents outside of the Town. The CalOES operations are working out of the Edison Theater. Staff continues to provide logistical support to outside agencies.
The most significant threat to the community is the level of snow loading on structures and propane regulators. Extreme loading has caused structures to partially collapse and/or to experience unsafe structural failure. Staff reached out early in the process to assess needs in the community for snow removal from structures and clearing of propane tanks and regulator/valve connections to buildings. There is a continued lack of resources to provide the manpower to meet these critical needs. Attached is the grant funding structure for Town support for the work Mammoth Mountain Community Foundation is providing. They are also limited on manpower to meet demand. Staff is continuing to develop a program to offset some limited snow related costs incurred by residents and businesses. This program is still being developed, and we are likely looking at a funding level in the $750,000 range.
Final program structure will be completed over the next week. The purpose of the fund is to meet the objectives noted below. These efforts will provide overall and direct public benefits by protecting the Town’s limited supply of affordable housing, the safety of residents and occupied residential housing, and providing support for local businesses who will or have seen substantial unforeseen economic costs related to the extreme weather.
Support for small business reduces the potential of increased vacant spaces, loss of jobs, reduction in Town revenues and the potential of greater damage to vacant structures
3 creating blighted buildings. It is in the public interest of the Town to support a vibrant local business community.
We have established two overarching objectives for our response and to guide the initial recovery to the emergency as follows:
1. Provide for life safety and protection of property townwide.
2. Provide safe roadways for emergency and public access.
Our actions to date are focused on meeting these objectives.
Recovery
As we continue to respond to incidents and meet immediate life safety needs to protect people and property, the recovery process and planning is initiated. This includes putting in place the programs, support and processes required by the Town to address community actions. This is most notable in the building department, where we have initiated outreach to firms to provide added capacity for Town staff. The Town is in the process of preparing initial damage estimates to file with the State. This is challenging as much of our infrastructure is still under snow. We have started the work with CalOES to define the timing and process for setting up a local agency resource center. This will provide a short period of time to have various resource agencies in Town to meet with individuals and businesses on available assistance programs. This will take time to organize as the various agencies have limited availability due to the number of emergencies across the State. The majority of people are currently reaching out to private insurance providers. Direct federal aid is still unknown based on the current level of the federal disaster proclamation. The local emergency proclamation addresses seeking support from State and Federal agencies, which was sent and received by CalOES. Recovery efforts will also need to include response preparedness to melting snow and spring runoff and associated flooding.
The amount of coordination and administrative work required across local agencies, including the Town, is substantial. These efforts continue to limit other work programs. As the process progresses additional temporary administrative support will be required.
4 Structure Assessment Data (preliminary and subject to change) Red Tag: Results in the structure being evacuated. For example, this will include individual condos, but include the total complex.
Yellow Tag: Results in limited access to specific areas. This may be a deck, a defined area/room but does allow access to other areas.
Green Tag: No structural damage.
The following photos provide a glimpse of the challenges facing our community.
5
6
7
RESOLUTION NO. 23 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
RATIFYING THE PROCLAMATION DECLARING THE EXISTENCE
OF A LOCAL EMERGENCY
WHEREAS, Section 2.48.060 of the Town of Mammoth Lakes Municipal Code appoints the Town Manager as the director of emergency services; and WHEREAS, Section 2.48.070 of the Town of Mammoth Lakes Municipal Code empowers the Town Manager to proclaim the existence or threatened existence of a local emergency in accordance with Government Code Section 8630 if the Town Council is not in session; and
WHEREAS, pursuant to Government Code Section 8630, a local emergency proclaimed by the Town Manager may not last longer than seven days unless ratified by the Town Council; and
WHEREAS, on March 27, 2023 the Town Manager of the Town of Mammoth Lakes made findings due to extreme winter snowstorms that conditions of extreme peril to the safety of persons and property have arisen within the Town, as a result of the severe weather and snow accumulations. The impact of the winter storms has and will create hazardous and unsafe conditions within the Town of Mammoth Lakes with potential damages to structures, stranded motorists, increased traffic accidents, damages to public infrastructure and equipment, and unsafe roadways; and
WHERAS, findings include conditions of extreme peril to the safety of persons and property resulting from structural failures, causing residents and visitors to be evicted from properties and propane leaks creating the possibility of explosions; and
WHEREAS the Town Council of the Town of Mammoth Lakes was not in session at the time of the emergency proclamation issued by the Town Manager, and must ratify such proclamation in order for it to remain in effect past April 7, 2023; and
WHEREAS, the current emergency conditions within the Town of Mammoth Lakes are expected to remain in effect past April 4, 2023.
NOW, THEREFORE, BE IT RESOLVED that a local emergency now exists throughout the Town of Mammoth Lakes and the emergency proclamation issued by the Town Manager on March 27, 2023 and attached hereto as Exhibit “A” is hereby ratified; and
Resolution No. 23 -
IT IS FURTHER RESOVLED AND RATIFIED that a copy of this resolution be forwarded to the California Office of Emergency Services and to Mono County officials; and
IT IS FURTHER RESOLVED AND RATIFIED that during the existence of said local emergency the powers, functions and duties of the emergency services organization of the Town of Mammoth Lakes shall be those prescribed by law, by ordinances and resolutions of this Town, and by the Town of Mammoth Lakes Emergency Operations Plan; and
IT IS FURTHER RESOLVED AND RATIFIED that consideration for a U.S.
Small Business Administration Disaster Declaration for Individual Assistance is requested. Additionally, funding through the California Disaster Assistance Act and any and all recovery assistance the State of California and the Federal Government can provide is requested.
IT IS FURTHER RESOLVED AND ORDERED that the Town Council shall review the need for continuing the local emergency in not less than 60 days from the date of the Town Manager’s proclamation of emergency and shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant, pursuant to Government Code Section 8630.
APPROVED AND ADOPTED THIS 31st day of March 2023.
________________________________
John Wentworth, Mayor
ATTEST:
________________________________
Jamie Gray, Town Clerk
Weather Forecast Office
Reno, NV
Wednesday, March 29 Out the Window
1 Another
snowy
morning in
the Sierra.
Weather Forecast Office
Reno, NV
Wednesday, March 29 Key Points & Important Changes
- Snow Showers Continue Today: Showers will be most prevalent in the Sierra with 1-6”, low visibility, and travel delays through tonight. Winds will be lighter today with blowing and drifting snow for the higher terrain. For W NV, there is 25% chance for any given location to see up to 1” of snow today.
- Snow Bands Tonight: Localized snow bands could produce several inches of additional accumulation anywhere from Reno-Fernley south through Douglas, Lyon, and western Mineral Counties. Snow after sunset may result in slick/icy roads for the morning commute. - A Break, then yup, More Snow: A few showers may linger Thursday, with a break Friday.
Signals point to breezier conditions and Sierra snow showers this weekend as a storm pushes into the Pacific Northwest. Another winter system is taking shape around April 4-6. Both of these systems could drop another 12-18” into the High Sierra.
Important Changes:
- Pay close attention to forecast updates today. A snowband may bring localized higher snow totals tonight to portions of W NV. Exactly where, TBD.
- Signs that we’ll finally see the storm track retreat northward the week following Easter. Page 13 of 30 Weather Forecast Office
Reno, NV Weather Risk Outlook: When Should I Freakout? Wednesday, March 29 What Does This Mean?
Color integrates impact
potential and forecaster
confidence levels.
No worries Low
freakoutness
Moderate
freakoutness
High
freakoutness Really bad
3 Wed 3/29 Thu 3/30 Fri 3/31 Sat 4/1 Sun 4/2 Mon 4/3 Tue 4/4 W2 4/5-4/11 Wind Gusty winds Sierra ridgelines. Lighter
winds valleys. Breezy ridges. Gusty SW winds all elevations.
Strong SW winds
ridges, breezy
valleys.
NW winds ridges,
breezy valleys.
Brisk NW
breezes.
Another
moderate storm
possible in the
April 4-6th time
frame.
A break in the
storms may be
possible after
Easter.
Snow
Persistent snow
showers in Sierra.
Localized PM
snow possible for
W NV travel
impacts.
Overnight
snowfall could
create impacts to
AM commute.
Few lingering
showers.
Generally dry.
Increased
mountain snow
showers.
Snow showers possible for the Sierra
and western NV valleys.
Another storm
approaching from
the Pac NW.
Flooding High flows possible below some reservoirs. Unlikely.
Thunder 10-15% chance
PM hours. Almost none. 5% chance N NV & NE CA. 5% chance Sierra. TBD.
Unusual
Temps The below normal temps continue, but it will be milder this weekend.
Still leaning cooler
than normal.
Air Stagnation Ventilation looks good. Good.
Weather Forecast Office
Reno, NV
Wednesday, March 29 Snow Totals - Official Forecast
4 Higher variability today
due to hit or miss shower
activity. Showers will be
most prevalent in the
Sierra, with spotty
coverage for W NV.
Tonight there is a 25%
chance of a snow band
developing across far
western NV (yellow
circled area). If this forms,
several inches of
accumulation will be
possible. Plan on the
potential for Thursday
AM commute issues.
Weather Forecast Office
Reno, NV
Wednesday, March 29 Simulated Radar Today and Tonight
5 This is one model simulation of potential timing for snow/pellet showers today. Plan on periods of heavy snow showers in the Sierra with a 15% chance for thunder. Chances for accumulating snow this evening in wrn Nevada.
Weather Forecast Office
Reno, NV
Wednesday, March 29 A First Look - Snow Potential Next Week 6 While there is still plenty
of time for refinements to
the forecast, consider this
a heads up on what may
come next week.
These amounts are a
mid-point on potential
ranges. Adjustments up or
down are likely as we get
closer.
There are still variations
in timing for the April 4-6
system. Don’t expect it to
last all 3 days.
Weather Forecast Office
Reno, NV
Wednesday, March 29 Looking into the Crystal Ball
7 Signals continue for below normal temps into April. While the overall trend is for the storm track to begin retreating northward by the second week of the month, there are still hints of additional winter systems impacting the region before that point, including a slight risk for heavy snow April 4-6.
1 March 28, 2023
Tamara Bankson, Executive Director
Mammoth Mountain Community Foundation
Mail. PO Box 24 / 10001 Minaret Road
Mammoth Lakes, CA 93546
RE: LETTER AGREEMENT WITH THE TOWN OF MAMMOTH LAKES AND MAMMOTH
MOUNTAIN COMMUNITY FOUNDATION (MMCF)
PARTIES: This letter shall be our agreement (“Letter Agreement”) regarding the use of grant funds (the “Funds”) to be provided by the Town of Mammoth Lakes (“Town”) to support the operations and programs provided by Mammoth Mountain Community Foundation (“MMCF”) a California non-profit public benefit corporation with its principal place of business at 10001 Minaret Road, Mammoth Lakes, CA 93546.
EMERGENCY CONDITIONS AND PUBLIC PURPOSE.Town’s Town Manager proclaimed a state of emergency on March 3, 2023 due to extreme weather conditions and hazards to the community created by those conditions, including potentially hazardous amounts of snow deposited upon buildings. The Town Council ratified the proclamation of the state of emergency on March 7, 2023, and the emergency remains in effect as of the effective date of this Letter Agreement. Dozens of housing units in Mammoth Lakes have been declared unsafe to enter, or unsafe to enter until snow has been removed from their roofs, and there remains a potential for propane leaks and explosions if propane regulators are damaged or dislodged due to the weight of accumulated snow. The Town Council authorized the distribution of the Funds to MMCF to support MMCF’s efforts to assist in protecting life and property, and the Town Council found that the expenditure of the Funds in this manner, and as described below, serves a public purpose.
FUNDING: Upon execution of this agreement the Town will disburse to MMCF funds in the amount of TWO HUNDRED THOUSAND DOLLARS ($200,000). The disbursement of the Funds is made pursuant to Section 2.48.070 of the Mammoth Lakes Municipal Code authorizing the Town Manager as the Emergency Services Director to use all Town resources for the preservation of life and property and to reduce the effects of disaster, and was authorized by the Town Council on March 7, 2023.
USE OF FUNDS: MMCF shall use the Funds to provide services to households and individuals in the Town of Mammoth Lakes impacted by extreme weather, including without limitation:
(i) providing assistance in the removal of snow from structures, propane regulators and tanks and for safe access into structures; (ii) providing basic necessities for individuals and households financially impacted by extreme weather; (iii) providing temporary shelter for those required to leave their residences due to storm-caused structural damages to residences; and (iv) related community support services to provide for life safety and property preservation in the Town of Mammoth Lakes. Displaced residents placed in property own by Mammoth Mountain Ski Area or any related entity will be at lowest available public rate Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA, 93546
Ph: (760) 965-3600
Fax: (760) 934-7493
Town of Mammoth Lakes and MMCF
March 28, 2023 Letter Agreement for Grant
2 or lower negotiated rate. No portion of the Funds shall be used to pay for the removal of snow from any property owned by Mammoth Mountain Ski Area or any related entity. MMCF shall maintain records reflecting the services paid for using the Funds.
STANDARD OF CARE: MMCF shall perform its obligations under this Letter Agreement in a skillful and competent manner, and consistent with all applicable laws. MMCF represents that it, its employees and any subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform services provided under this Letter Agreement and such licenses and approvals shall be maintained throughout the term of this Letter Agreement.
INDEMNITY: MMCF shall defend, indemnify, and hold harmless the Town, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney’s fees, arising out of, resulting from or in connection with, the performance of this Letter Agreement by MMCF and/or its agents, officers, or employees.
MMCF’s obligation to defend, indemnify, and hold the Town, its agents, officers, and employees harmless applies to any actual or alleged personal injury, death, damage or destruction to tangible or intangible property, including the loss of use. MMCF’s obligation under this paragraph extends to any claim, damage, loss, liability, expense, or other costs that are caused in whole or in part by any act or omission of MMCF, its agents, employees, supplier, or anyone directly or indirectly employed by any of them, or anyone for whose acts or omissions any of them may be liable.
NONDISCRIMINATION: During the performance of this Letter Agreement, MMCF, its agents, officers, and employees shall not unlawfully discriminate in violation of any federal, state, or local law, against any employee, or applicant for employment, or person receiving services under this Letter Agreement, because of race, religious creed, color, ancestry, national origin, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. MMCF and its agents, officers, and employees shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900, et seq.), and the applicable regulations promulgated thereunder in the California Code of Regulations. MMCF shall also abide by the Federal Civil Rights Act of 1964 and all amendments thereto, and all administrative rules and regulations issued pursuant to the Act.
TERM: This agreement shall be effective from March 28, 2023 until June 30, 2023. Any portion of the Funds remaining unspent after that date shall be returned to the Town.
GOVERNING LAW; VENUE; GOVERNMENT CODE CLAIM COMPLIANCE; ATTORNEY'S FEES:
This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Mono County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, MMCF must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by MMCF. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, MMCF shall be barred from bringing and maintaining a valid lawsuit against the Town. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Letter Agreement, the prevailing party shall be entitled to recover all reasonable fees and costs incurred, including reasonable attorney's fees, as determined by the court.
Town of Mammoth Lakes and MMCF
March 28, 2023 Letter Agreement for Grant
3 ASSIGNMENT; AMENDMENT: This Letter Agreement may not be assigned, modified or altered except in writing signed by both parties.
ENTIRE AGREEMENT; CONSTRUCTION & CAPTIONS: This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder.
Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement.
If you agree with the terms of this Letter Agreement, please indicate by signing and dating where indicated below.
TOWN OF MAMMOTH LAKES
Approved by:
_____________________________
Daniel C. Holler
Town Manager
Date: March 28, 2023
Mammoth Mountain Community Foundation
Approved by:
_____________________________ ____________________________ Signature Signature
_____________________________ _____________________________ Name Name
_____________________________ _____________________________ Title Title
_________________ _____________________________
Date Date