Town Council - June 21, 2023
1. CALL TO ORDER AND ROLL CALL
The Mayor called the meeting to order at 4:04 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.
2. PLEDGE OF ALLEGIANCE
Brent Truax 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.
Rene Hallen, Buoy,
spoke about their reusable to go containers and the upcoming pilot program in Mammoth.
Sandy Hogan spoke about issues with the audio in Suite Z, particularly during workshops, and the difficulty for hearing impaired individuals to hear the conversations because people do not speak directly into their microphones. Ms. Hogan spoke about her frustration last night while she tried to watch the Mammoth Lakes Housing Strategic Planning Session.
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)
1. LB and Reds 6-20-23 (002).pdf
Office of Outdoor Recreation Manager Lawson Reif and Public Works Director Haislip Hayes gave an update regarding the opening of the Lakes Basin and Reds Meadow.. Mr. Hayes said that they were working with the Eastern Sierra Transit Authority (ESTA) to potentially provide offsite parking with shuttle service to the Lakes Basin. There was discussion among members of Council and staff.
5.1 Did you Know? Clean-up our Community
1. Did you Know - Clean-up.pdf
2. Did you Know - Clean-upEN.pdf
3. Did you Know - Clean-upSP.pdf
Town Manager Daniel C. Holler outlined the information in the staff report. There was discussion among members of Council and staff.
5.2 Did you Know? Budget
1. Did you Know - Budget6-23.pdf
2. Did you Know - BudgetEN.pdf
3. Did you Know - BudgetSP.pdf
Mayor John Wentworth outlined the information in the staff report.
Community and Economic Development Director Sandra Moberly announced that she had accepted a job as the County Administrative Officer for Mono County effective August 21, 2023. There was discussion among members of Council and staff.
6. CONSENT AGENDA
Moved by
Councilmember Amanda Rice
Seconded by
Councilmember Sarah Rea
Approve the Consent Agenda with Councilmember Rice abstained on Agenda Item 6.5 due to the close proximity of her residence to the project.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
6.1 Approve the minutes of the regular meeting of June 7, 2023.
1. June 7, 2023 Minutes.pdf
6.2 Approval of Resolution for Measure U Programming for FY22-23 program cycle in the amount of $180,300 and Special Project funding of $15.000.
1. Approval of Resolution for Measure U Programming and Special Project Funding in the Amount $195300.pdf
2. Resolution Adopting Measure U Program Funding for FY22-23 and Budget Amendment.pdf
6.3 Authorize a professional services agreement with California Consulting Inc. for grant research and writing services.
1. California Consulting Contract_renewal.pdf
2. Attachment 1_Draft Contract_2023-2026.pdf
6.4 Resolution authorizing the temporary closure of certain Town roads for the Annual Fourth of July Parade and Freedom Mile Run on July 4, 2023.
1. Resolution authorizing closure of certain roads for July 4, 2023.pdf
2. Resolution.pdf
6.5 Award Contract for SR 203 Crosswalks (HSIP) CAP 22-007 to Xcel Engineering Corporation.
1. Award Contract for SR 203 Crosswalk (HSIP).pdf
6.6 Authorize Public Works & the Office of Outdoor Recreation to submit a grant application to the State Recreational Trails Program.
1. Authorize Public Works and Office of outdoor recreation to submit a grant application to the State RTP.pdf
2. Mammoth Lakes Resolution to Submit RTP Grant .pdf
6.7 Adopt the resolution declaring the Council’s intention to annex territories into the Community Facilities District No. 2013-3 (Transit CFD), levying a special tax in connection therewith, and setting the time and place for the public hearing
1. Transit CFD Annexation No. 8 Resolution of Intention.pdf
2. 1. CFD 2013-3 Annex. 8 - Resolution of Intention.pdf
3. Exhibit A - CFD 2013-3 Annex. 8 - Boundary Map.pdf
4. 2a. MAMMOTH HOTEL ASSOC LLC - signed.pdf
5. 2b. WH SN MAMMOTH LLC - signed.pdf
on August 2, 2023.
6.8 Accept Check Register 6/1/2023 in the amount of $551,052.51.
1. Check Register 06012023.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 Town of Mammoth Lakes FY23-24 Master Fee Schedule Update.
1. Fee Schedule FY23-24.pdf
2. General Fee Schedule.pdf
3. Building Fee Schedule.pdf
4. Fee Schedule - Resolution.pdf
5. Public Art - Resolution.pdf
The Mayor opened the public hearing at 4:42 p.m.
Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.
The Mayor closed the Public Hearing at 4:46 p.m.
Moved by
Mayor Pro Tem Bill Sauser
Seconded by
Councilmember Amanda Rice
Adopt the attached resolution establishing and updating a master schedule of fees and charges for Town services for Fiscal Year 2023-24.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
7.2 Approval of Appropriations Limit, Investment Policy, and Annual Budget for Fiscal Year 23-24.
1. Final Budget Adoption FY23-24.pdf
2. Budget - Resolution.pdf
3. Budget - Line Item Detail.pdf
4. FY23-24 - Final Budget.pdf
5. Appropriation Limit Calculation.pdf
6. Appropriation Limit Resolution.pdf
7. Investment Policy.pdf
8. Investment Policy Exhibit A (REV).pdf
9. Investment Policy Exhibit B.pdf
10. Investment Policy Resolution.pdf
11. Reserve Policy.pdf
12. Reserve Policy Resolution.pdf
13. Debt Management Policy.pdf
14. Debt Management Policy Resolution.pdf
15. Investment of Unallocated General Fund TOT.pdf
The Mayor opened the public hearing at 4:47 p.m.
Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.
Mayor John Wentworth closed the public hearing at 5:33 p.m.
The Mayor called a recess at 5:35 p.m. and the Council reconvened at 5:44 p.m.
Moved by
Mayor Pro Tem Bill Sauser
Seconded by
Councilmember Amanda Rice
Adopt a resolution establishing the Town of Mammoth Lakes appropriations limit for Fiscal Year 2023-24. Adopt a resolution reaffirming the Town of Mammoth Lakes Investment Policy for Fiscal Year 2023-24. Adopt a resolution reaffirming the Town of Mammoth Lakes Reserve Policy for Fiscal Year 2023-24. Adopt a resolution reaffirming the Town of Mammoth Lakes Debt Policy for Fiscal Year 2023-24. Adopt a resolution approving the Annual Budget for the Town of Mammoth Lakes for Fiscal Year 2023-24, as presented.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
8. POLICY MATTERS
8.1 Approve Agreement between the Town of Mammoth Lakes and Mammoth Lakes Tourism for Marketing and Related Services.
1. MLT Contract 3-year 2023.pdf
2. MLT Contract 2023 - 2026.pdf
3. Community Conversation 6.12 (1) (002).pdf
Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.
PUBLIC COMMENT:
John Morris, Mammoth Lakes Tourism (MLT) Treasurer, thanked the Council for their time spent on this topic and encouraged members of the public to read the Unallocated Transient Occupancy Tax (TOT) document previously provided by the Town. Mr. Morris spoke about the revenue that was generated by tourism and how important that visitation was to the success of our Town, spoke about the importance of the marketing efforts of MLT, and requested that the Town continue to keep MLT's portion of the Measure A funds at $2M for the life of the new contract.
Jeremy Goico, MLT Chair, announced that his term as Chair for MLT as well as his term on the Chamber would expire at the end of June. Mr. Goico discussed the budget process for MLT and voiced his concern about the late budget allocations from the Town. He reported that MLT would be losing staff due to the uncertainty of funding and discussed the potential impacts from the proposed amount of funding.. He discussed the impact that MLT's marketing had on the TOT that was generated for the Town.
Dakota Snider, MLT Senior Manager of Marketing and Special Events, spoke about his history with MLT and about the improvements in Mammoth special events programs over that time period. Mr. Snider announced that he would be leaving MLT at the end of the month, spoke about the use of Measure A funds, and requested that the Council keep the funding for MLT at the $2M level.
Ken Brengle, Mammoth Lakes Chamber of Commerce Executive Director, spoke on behalf of the Chamber in support of maintaining the Measure A funds for MLT at the $2M level.
Rick Wood, former Town Councilmember, provided history regarding the Town's budget, formation of the various funding measures, and the NGOs..
Amanda
Nauman
spoke about her event, Mammoth Tuff Gravel Cycling Event, and how marketing from MLT had helped her event. She spoke in support of continued funding for MLT.
Tim Tollefson, Mammoth Hospital Physical Therapist, Professional Trail Runner, and Event Producer of Mammoth Trail Fest, spoke about the diverse success of his event, and others in Mammoth with the assistance of the Measure A funding provided through MLT. Mr. Tollefson voiced concerns about the loss of in person events due to COVID and spoke in support of maintaining the Measure A funding for MLT.
Sandy Hogan spoke about the varying perceptions related to Tourism and MLT, and spoke about tourists being our lifeblood. Ms. Hogan provided history about TOT and TBID and spoke in support of MLT.
Brent Truax, Managing Director of the Sierra Nevada Resort, spoke about the passion of Mammoth community members and the importance of not reducing marketing dollars and the need for us to remain competitive. Mr. Truax discussed MLT's giving back to the community and his disappointment with the departure of Dakota Snider and Brian Wright from MLT.
John Urdi, MLT Executive Director, thanked members of the audience for their support. Mr. Urdi spoke about MLT's budget.
There was discussion among members of Council and staff.
The Mayor called a recess at 7:05 p.m. and the Council reconvened at 7:17 p.m.
Moved by
Mayor John Wentworth
Seconded by
Councilmember Chris Bubser
Authorize the Town Manager to sign a service agreement with Mammoth Lakes Tourism for a 3-year contract for marketing services as presented.
For (4)
Mayor John Wentworth, Councilmember Chris Bubser, Councilmember Amanda Rice, and Mayor Pro Tem Bill Sauser Against (1)
Councilmember Sarah Rea
Carried (4 to 1)
8.2 Approve the Agreement to allow the levy and collection by Mono County of Solid Waste Parcel Fees in the Town of Mammoth Lakes for FY23-24.
1. Solid Waste Parcel Fee 23-24.pdf
2. Parcel Fee Agreement FY23-24.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 Pro Tem Bill Sauser
Seconded by
Councilmember Amanda Rice
Approve the Agreement to allow the levy and collection by Mono County of Solid Waste Parcel Fees in the Town of Mammoth Lakes for FY23-24.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
8.3 Agreement Providing Interim Funding to the Whitebark Institute for Implementation of Phase I of the Eastern Sierra Climate and Communities Resilience Project (ESCCRP) in an amount up to $500,0000.
1. Agreement Providing Interim Funding for Whitebark Implementation of Phase 1 of the ESCCRP in an amount up to $500,0000.pdf
2. Whitebark Letter Agreement for Reimbursable Grant Funding 061323.pdf
3. CAL FIRE_8GG20617 Grant Agreement-Executed.pdf
4. Community Flyer on ESCCRP TOML Work.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 Pro Tem Bill Sauser
Seconded by
Councilmember Chris Bubser
Approve the
Agreement
a
uthorizing
i
nterim
f
unding
to
Whitebark in an
a
mount up to $500,000 for implementation of Phase I of the Eastern Sierra Climate and Communities Resilience Project, as amended, and authorizing the Town Manager to sign.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
8.4 Update on Emergency Response and continued necessary emergency work provided for in Resolution 23-29.
1. Update on Emergency Declaration and Response to Extreme Weather Conditions and Emergency Contract Work.pdf
2. R23-29 Emergency Infrastruture Work.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 Chris Bubser
Make the finding that existing damages to Town facilities and infrastructure resulting from the extreme winter weather are such that the emergency work provided for in Resolution 23-29 is still necessary.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
8.5 Authorize a professional services agreement with Keyser Marston Associates Inc. for Mammoth Mountain Main Lodge Redevelopment financial advisory services.
1. Keyser Marston Contract.pdf
2. Keyser Marston Contract_6-21-23.pdf
Community and Economic Development Director Sandra Moberly outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by
Councilmember Chris Bubser
Seconded by
Councilmember Amanda Rice
Authorize the professional services agreement with Keyser Marston Associates, Inc., subject to the Town Attorney’s approval and finalization of the agreement, for financial advisory services as described in the agreement which is included as Attachment 1.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
8.6 Approve the Memorandum of Understanding (“MOU”) between the Town of Mammoth Lakes and the Mammoth Lakes General Employees’ Association (“GEA”), the Mammoth Lakes Management Employees’ Association (“MEA”), and the Mammoth Lakes Public Works Employees’
1. Approve MOUs between the Town of Mammoth Lakes and the GEA, MEA, and PWEA.pdf
2. GEA MOU FY2023-26 - Final Draft.pdf
3. MEA MOU FY2023-26 - Final Draft .pdf
4. PWEA MOU FY2023-26 - Final Draft.pdf
Association (“PWEA”) which shall be in effect from July 1, 2023, through June 30, 2026.
Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.
SPEAKING FROM THE FLOOR:
Ted Carleton asked questions about the TOT bonus plan, this year's one-time bonus of $2,500, and about the members of the negotiating team. There wad discussion among members of Council, staff. and Mr. Carleton.
Moved by
Councilmember Chris Bubser
Seconded by
Mayor Pro Tem Bill Sauser
Approve the Memorandum of Understanding between the Town of Mammoth Lakes and the Mammoth Lakes General Employees’, the Mammoth Lakes Management Employees’, and the Mammoth Lakes Public Works Employees’ Associations.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
8.7 Approve and adopt Resolution No. 23-XX establishing the fiscal year 2023-24, 2024-25, and 2025-26 compensation schedules for the Mammoth Lakes General Employees’ Association (“GEA”), the Mammoth Lakes Management Employees’ Association (“MEA”), and the
1. Approve Resolution adopting FY23-24, 24-25, and 25-26 Compensation Schedules for the GEA, MEA, and PWEA.pdf
2. Resolution 23-XX GEA, MEA, and PWEA Compensation Schedules.pdf
3. GEA FY23-24 FY24-25 FY25-26 - All Ranges.pdf
4. GEA FY23-24 FY24-25 FY25-26 - By Position.pdf
5. MEA FY23-24 FY24-25 FY25-26 - All Ranges.pdf
6. MEA FY23-24 FY24-25 FY25-26 - By Position.pdf
7. PWEA FY23-24 FY24-25 FY25-26 - All Ranges.pdf
8. PWEA FY23-24 FY24-25 FY25-26 - By Position.pdf
Mammoth Lakes Public Works Employees' Association (“PWEA”).
Administrative Services/Finance Director Rob Patterson outlined the information in the staff report.
Moved by
Councilmember Chris Bubser
Seconded by
Councilmember Sarah Rea
Approve the Resolution adopting the compensation schedules for the next three fiscal years for the GEA, MEA, and PWEA.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
8.8 Approve and adopt Resolution establishing positions, salaries, benefits, and other terms and conditions of employment for specified employees in at-will, non-represented positions for fiscal years 2023-24, 2024-25, and 2025-26.
1. Approve Resolution establishing FY23-24, 24-25, 25-26 Salaries, Benefits, and Comp Schedules for Non-Represented Employees.pdf
2. Executive Compensation Schedules FY 23-24, 24-25, 25-26 - Attachment A.pdf
3. Resolution Setting Salary and Benefits for At Will Employees.pdf Administrative Services/Finance Director Rob Patterson outlined the information in the staff report.
Moved by
Councilmember Chris Bubser
Seconded by
Councilmember Amanda Rice
Approve and adopt the Resolution
establishing positions, salaries, benefits, and other terms and conditions of employment for specified employees in at-will, non-represented positions for fiscal years 2023-24, 2024-25, and 2025-26.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
8.9 Approval of Ninth Amended Employment Agreement with Town Manager Daniel C. Holler.
1. Approval of Updated Employment Agreement with Town Manager Daniel C. Holler.pdf
2. Ninth_amended_town_manager_employment_agreement_060221.pdf Town Manager Daniel C. Holler, Town Attorney Andrew Morris, and Administrative Services/Finance Director Rob Patterson outlined the information in the staff report. There was discussion among members of Council and staff.
CONSENSUS
There was consensus from Council to accept the recommended salary range increase as presented by Mr. Patterson.
Moved by
Mayor John Wentworth
Seconded by
Councilmember Chris Bubser
Approve the
ninth
amended employment agreement with Town Manager, Daniel C. Holler with t
erms and
c
onditions to be determined by Town Council as amended.
The Term of the agreement is through February 29, 2024, Salary increase of 6% to $221,053.47 (Weekly $4,251.03), An increase in Deferred Compensation of $50 per month from $150 to $200, Administrative Leave increase of 8 hrs from 80 to 88, a bonus not to exceed $4,000 based on TOT receipts and Section 3.3.6 amended as follows: Retention Incentive Employee shall receive a one-time retention incentive payment in the amount of three thousand two hundred and fifty dollars ($3,250). The retention incentive payment will be made in July of 2023, and is subject to all applicable taxes and withholdings. The purpose of the incentive payment is to encourage Employee to continue in the Town’s employment through the term set forth in Section 3.2.1. Accordingly, if Employee discontinues his employment prior to the date set forth in Section 3.2.1, Employee shall reimburse the Town a prorated portion of the payment, prorated based upon a starting date of July 1, 2023 and Employee’s actual date of separation from the Town. Employee may elect to have any or all of the retention incentive payment deposited into an eligible 457(b) account.
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. COUNCILMEMBER REPORTS
1. Councilmember Reports.pdf
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities Mayor Wentworth attended the Eastern Sierra Council of Governments (ESCOG) meeting.
Councilmember Bubser attended the ESCOG meeting.
Councilmember Sauser attended the Eastern Sierra Transit Authority (ESTA) Board meeting and the Local Transportation Commission (LTC) meeting..
Councilmember Rice attended the Eastern Sierra Community Housing (ESCH) Strategic Priorities meeting.
10. CLOSED SESSION
At 8:09 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda.
10.1 Pursuant to Government Code Section 54956.8, the Town Council will hold a conference with its representatives in regard to property negotiations pertaining to:
Property: 541 Mono Street, Unit 1 (APN: 033-166-001-000) - Meridian Villas Complex Agency Negotiators: Daniel C. Holler, Sandra Moberly, and Rob Patterson Negotiating Parties: Town of Mammoth Lakes and Property Owners, Anthony Saucedo & Aracelli Escobar Under Negotiation: Sales price and terms of payment for the purchase of the property
10.2 Pursuant to Government Code Section 54956.8, the TownCouncil will hold a conference with its representatives in regard to propertynegotiations pertaining to:
Property: 165 Old Mammoth Road, Unit 55 (035-182-055-000) - Sierra Manors Complex Agency Negotiators: Daniel C. Holler, Sandra Moberly, and Rob Patterson Negotiating Parties: Town of Mammoth Lakes and Property Owners, Ryan & Brenda Benavidez & Michael & Royann Timmins Under Negotiation: Sales price and terms of payment for the purchase of the property The Council reconvened from closed session 8:36 p.m. and announced that there was no reportable action taken.
11. ADJOURNMENT
The Town Council will adjourn to a special meeting scheduled to be held on Wednesday, July 12, 2023 at 4:00 p.m.
The Council adjourned the meeting at 8:36 p.m.