Town Council - April 05, 2023
1. CALL TO ORDER
Councilmember Chris Bubser will be participating remotely from 56 Ainger Road, Flat 4, London, England NW3 3AH.
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
Alisa Mokler Harper 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.
Alisa Mokler Harper, owner of the Warming Hut restaurant, said that Old Mammoth Road was closed down today during business hours and she requested communication from the Town regarding road closures ahead of time so that she could plan her business accordingly.
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) Town Manager Daniel C. Holler gave an update regarding the response to the current emergency. There was discussion among members of Council and staff.
Councilmember Rea arrived at 4:05 p.m.
Parks and Recreation Director Stuart Brown gave an update regarding current parks and recreation activities. There was discussion among members of Council and staff.
5.1 Did you Know? Update.
1. Did you Know - Dec-March.pdf
2. December 2022 DYK English.pdf
3. December 2022 DYK Spanish.pdf
4. January DYK English.pdf
5. January DYK Spanish.pdf
6. February DYK English.pdf
7. February DYK Spanish.pdf
8. March DYK English.pdf
9. March DYK Spanish.pdf
Town Manager Daniel C. Holler outlined information in the Did You Know attachments. There was discussion among members of Council and staff.
6. PUBLIC PRESENTATIONS
6.1 Proclamation declaring April 2023 as Fair Housing Month.
1. Fair Housing Month 2023.pdf
Mayor Wentworth read a portion of the proposed proclamation.
Mammoth Lakes Housing Executive Director Patricia Robertson, speaking on behalf of the Mammoth Lakes Board of Realtors and Mammoth Lakes Housing, spoke in support of the proclamation.
Moved by
Mayor Pro Tem Bill Sauser
Seconded by
Councilmember Amanda Rice
Approve the proclamation declaring April as Fair Housing Month.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
6.2 Proclamation declaring April 2023 as Child Abuse Prevention Month.
1. Child Abuse Prevention Month 2023.pdf
Mayor Wentworth read a portion of the proposed proclamation.
Kevin Lian and Michelle Raust, Mono County Office of Education, spoke in support of the proclamation and announced activities taking place in support of Child Abuse Prevention Month.
Moved by
Councilmember Amanda Rice
Seconded by
Mayor Pro Tem Bill Sauser
Approve the proclamation declaring April as Child Abuse Prevention Month.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
6.3 Proclamation declaring April 2023 as Sexual Assault Awareness Month.
1. Sexual assault awareness month.pdf
Mayor Wentworth read a portion of the proposed proclamation.
Vanessa Hays, Executive Director for Wild Iris, spoke in support of the proclamation.
Moved by
Councilmember Sarah Rea
Approve the proclamation declaring April as Sexual Assault Awareness Month.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
6.4 Update on the Community Economic Resilience Fund (CERF).
1. CERF Update_4-5-23.pdf
Stacy Corless, Government and Community Affairs for Sierra Business Council, Magnolia Barra CERF Project Navigator, and Erica Harvey, Project Director, gave a presentation regarding an update on the Eastern Community Economic Resilience Fund (CERF). There was discussion among members of Council and Sierra Business Council staff.
7. WORKSHOP
7.1 Joint Meeting with Mammoth Lakes Tourism – Tourism Business Improvement (TBID) Focus.
1. Joint Meeting MLT - April 2023(1).pdf
2. TBID Renewal Timeline(1).pdf
3. Attachment Air Service Update 4-5-23(1).pdf
4. Management District Plan.pdf
5. Stacey Schaubmayer Public Comment.pdf
Mammoth Lakes Tourism (MLT) Board President Jeremy Goico, Vice President Pat Foster, Secretary John Mendel, Board Member Eric Clark, and Board Member Bill Sauser were in attendance. MLT Board Members Deb Radcliff and Darlene Magner were absent.
Town Manager Daniel C. Holler outlined the information in the staff report. There was discussion among members of Council, members of the MLT Board, MLT Executive Director John Urdi, consultant John Lambeth from Civitas, and staff regarding the discussion questions.
PUBLC COMMENT:
Dawn Vereuck said that she listened to the MLT meeting and said she was glad to hear their discussion about funding infrastructure. She said that a lot of people in the community did not have a say in the TBID. She outlined her concerns regarding the TBID renewal.
Tom Cage said he answered yes to question number one. He said that he had previously supported the TBID and renewal. He said that he supported the TBID renewal but not for 10 years.
Ron Cohen, Mammoth Mountain, spoke in support of the TBID renewal and the proposed 10-year term.
Alisa Mokler Harper, Warming Hut restaurant, spoke in support of the TBID renewal and the addition of infrastructure funding.
Emily Bryant spoke in support of the TBID renewal and in support of the Town building infrastructure with the extra funding that the TBID provided to the Town..
Mr. Cohen said his business felt the benefit of the TBID. He recommended having small business owner representation on the MLT Board.
Ms. Harper said that there was a need for infrastructure to support visitorship but that the funds should come from the Town and TOT and not the TBID.
Chris, employee at DIY, spoke about her concerns with the DIY building being closed.
The Mayor called a recess at 7:12 p.m. and the Council reconvened at 7:26 p.m.
8. CONSENT AGENDA
Moved by
Mayor Pro Tem Bill Sauser
Seconded by
Councilmember Amanda Rice
Approve the Consent Agenda.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
8.1 Approve the minutes of the regular meeting of March 15, 2023.
1. March 15, 2023 Minutes.pdf
8.2 Approve the minutes of the special meeting of March 22, 2023.
1. March 22, 2023 Minutes.pdf
8.3 Accept the 2022 Annual Planning Report.
1. 2022 Annual Planning Report.pdf
2. 2022 Annual Planning Report .pdf
3. Attachment 1 - 2022 Housing Element APR.pdf
4. Attachment 2- 2022 Detailed list of application requests.pdf
8.4 Accept Check Register 2/23/2023 in the amount of $1,483,715.93. Accept Check Register 3/3/2023 in the amount of $313,443.60. Accept Check Register 3/8/2023 in the amount of $132,279.23. Accept Check Register 3/16/2023 in the amount of $1,993,830.66.
1. Check Register 02232023.pdf
2. Check Register 03032023.pdf
3. Check Register 03082023.pdf
4. Check Register 03162023.pdf
5. Check Register 03232023.pdf
Accept Check Register 3/23/2023 in the amount of $61,306.12.
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 Consider approval of Zoning Code Amendment 23-001 to update Municipal Code Section 17.52.055, Accessory Dwelling Units, Section 17.52.100 Child Day Care Facilities, and Municipal Code Chapter 17.40, Water Efficient Landscape Regulations including finding
1. Public Hearing for Zoning Code Amendment 23-001 to update M.C. Section 17.52.055, 17.52.100, and Chapter 17.40.pdf
2. Staff Report.pdf
3. Attachment 1 - TC Ordinance.pdf
4. Attachment 2 - PEDC Resolution 23-02.pdf
5. Attachment 3 - PEDC Staff Report Feb.14th.pdf
the project is exempt from additional environmental analysis pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183.
The Mayor opened the public hearing at 7:28 p.m.
Senior Planner Kim Cooke gave a presentation outlining the information in the staff report. There was discussion among members of Council and staff.
With no members of the public coming forward to speak, the Mayor closed he public hearing at 7:42 p.m.
Moved by
Councilmember Amanda Rice
Seconded by
Councilmember Sarah Rea
Waive the first reading and introduce by title only the Ordinance making the required CEQA and Municipal Code findings and approving Zoning Amendment 23-001 as recommended by the Planning and Economic Development Commission.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
9.2 Town of Mammoth Lakes Maintenance Community Facilities District (CFD) 2023-1 Formation.
1. New Maintenance Services CFD No. 2023-1 Election.pdf
2. 1. CFD 2023-1 (Maintenance Services) - Order of Proceedings for Public Hearing - v2.pdf
3. 2. CFD 2023-1 (Maintenance Services) - Resolution of Formation.pdf
4. 2B. CFD 2023-1 (Maintenance Services) - RMA - EXHIBIT B.pdf
5. 3. CFD 2023-1 (Maintenance Services) - Resolution Calling a Special Election.pdf
6. 4. CFD 2023-1 (Maintenance Services) - Resolution Certifying Election Results.pdf
7. 5. CFD 2023-1 (Maintenance Services) - Ordinance.pdf
8. 6. BAD Detachment - Resolution of Intention.pdf
9. 6A. BAD Detachment - EXHIBIT A.pdf
10. 7. CFD 2023-1 (Maintenance Services) - Notice of Special Tax Lien.pdf
11. 8. CFD 2023-1 (Maintenance Services) - Special Tax Report.pdf
12. 9. Proposed Boundary Map 2023-1.pdf
The Mayor opened the public hearing at 7:44 p.m.
No written protests were filed with the Town Clerk.
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 7:46 p.m.
Town Clerk Jamie Gray announced the results of the election.
Moved by
Mayor John Wentworth
Seconded by
Councilmember Amanda Rice
Adopt the resolution establishing the formation of a Community Facilities District, authorizing the levy of a special tax, and submitting the levy of a special tax to qualified electors.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
Moved by
Mayor John Wentworth
Seconded by
Councilmember Amanda Rice
Adopt the resolution calling a special election for a Community Facilities District.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
Moved by
Mayor John Wentworth
Seconded by
Councilmember Sarah Rea
Adopt the resolution declaring results of a special election and directing the recording of a special tax lien.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
Moved by
Mayor John Wentworth
Seconded by
Councilmember Sarah Rea
Waive the first reading and introduce by title only the ordinance authorizing the levy of special taxes in Community Facilities District.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
Moved by
Mayor John Wentworth
Seconded by
Mayor Pro Tem Bill Sauser
Adopt the resolution declaring the intention to order the detachment of territory from the North Village Benefit Assessment District 2002-2.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
10. POLICY MATTERS
10.1 Approve the resolution adopting Town of Mammoth Lakes Legislative Platform.
1. Legislative Platform 2023.pdf
2. Resolution - Legislative Platform 2023.pdf
3. TOML Legislative Platform 2023.pdf
Assistant to the Town Manager Pam Kobylarz outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by
Councilmember Amanda Rice
Seconded by
Councilmember Sarah Rea
Approve the resolution adopting the Town of Mammoth Lakes Legislative Platform.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
10.2 Resolution of Intention to Modify the Mammoth Lakes Tourism Business Improvement District Management District Plan.
1. TBID Modification to MDP April 2023.pdf
2. Exhibit A - Modification request letter.pdf
3. Exhibit B - Management District Plan.pdf
4. Exhibit C - Resolution.pdf
Town Manager Daniel C. Holler outlined the information in the staff report.
Mammoth Lakes Tourism Executive Director John Urdi outlined the need for the amendment. There was discussion among members of Council and Mr. Urdi.
Moved by
Mayor Pro Tem Bill Sauser
Seconded by
Councilmember Amanda Rice
Adopt the Resolution with the intent to modify the Mammoth Lakes Tourism Business Improvement District (MLTBID) Management District Plan (MDP) to address a recent opinion on the taxability of certain elements of the plan. Adoption of this resolution will result in a public hearing on April 19, 2023 on the Management District Plan.
For (5)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, Councilmember Chris Bubser, and Councilmember Amanda Rice Carried (5 to 0)
10.3 Update and Council Direction on Management Response to Extreme Weather Emergency.
1. Update and Council Direction Related to Emergency Response to Extreme Weather Conditions.pdf Town Manager Daniel C. Holler, Public Works Director Haislip Hayes, Town Attorney Andrew Morris, and Mammoth Lakes Fire Protection District Fire Chief Ales Tomaier gave an update regarding the current emergency.
PUBLIC COMMENT:
Patricia Robertson, Executive Director of Mammoth Lakes Housing, asked why Mono County and the Town were not included in the federal emergency declaration, and why we have to pay our taxes on time but Inyo and Alpine counties do not. Mr. Holler responded to her questions.
11. COUNCILMEMBER REPORTS
1. Councilmember Reports.pdf
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities Councilmember Rice attended the Mammoth Lakes Housing Board meeting.
Mayor Pro Tem Sauser attended the Mammoth Lakes Tourism Board meeting and met with the Town Manager and FBO Operator Pat Foster at the Mammoth Airport.
Mayor Wentworth met with State Senator Marie Alvorado-Gil.
12. CLOSED SESSION
At 8:45 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.
12.1 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 (Case No. : 23UCM82)
12.2 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph 1 of subdivision (d) of Section 54956.9) Name of case: Stephanie Thompson. v. Town of Mammoth Lakes (Case No: 23UCM14)
13. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 8:55 p.m. and announced that there was no reportable action taken.
14. ADJOURNMENT
The Town Council will adjourn to a special meeting to be held on Wednesday, April 12, 2023 at 4:00 p.m.
The Council adjourned the meeting at 8:55 p.m.