Town Council - July 19, 2023
1. CALL TO ORDER AND ROLL CALL
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
Caroline Britton 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.
Ben Comfort spoke in support of a community bike park and said that he was part of the bike park working group which was started with the Parks and Recreation Committee.
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) Community and Economic Development Director Sandra Moberly announced that the Town was awarded $500,000 today in Community Development Block Grant (CDBG) funds for down payment assistance.
Councilmember Rea joined the meeting at 4:05 p.m.
Town Manager Daniel C. Holler gave an update regarding the opening of Reds Meadow.
There was discussion among members of Council and staff.
5.1 Mammoth Main Base Redevelopment Project Update (Mammoth Mountain Main Lodge).
1. Main Lodge Update.pdf
Community and Economic Development Director Sandra Moberly outlined the information in the staff report. There was discussion among members of Council and staff.
6. INTRODUCTION
6.1 Introduce new Public Works Maintenance Worker Arturo Lemus.
Public Works Supervisor Pat Vargas introduced
new Mr. Lemus to the Council and the community.
7. COUNCIL PRESENTATIONS
7.1 Recognition of outgoing Community and Economic Development Director Sandra Moberly.
Town Manager Daniel C. Holler and Town Attorney Andrew Morris thanked Ms. Moberly for her years of service.
There was discussion among members of Council and staff..
8. PUBLIC PRESENTATION
8.1 Presentation from Mammoth Hospital CEO Tom Parker.
1. Mammoth Hospital Presentation.pdf
Mammoth Hospital Chief Executive Officer Tom Parker outlined the information in the Mammoth Hospital Building the Future PowerPoint presentation. There was discussion among members of Council and Mr. Parker.
9. CONSENT AGENDA
Moved by
Mayor Pro Tem Bill Sauser
Seconded by
Councilmember Amanda Rice
Approve the Consent Agenda.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
9.1 Waive the reading and adopt by title only the ordinance renewing the Military Equipment Use Policy pursuant to Government Code Section 7071 (AB 481).
1. Waive the Reading and Adopt by Title Only an Ordinance Renewing the Military Equipment Use Policy.pdf
2. Military Equipment Ordinance 2023.pdf
3. Annual Report of Military Equipment Use 2023.pdf
4. MLPD Miltary Equipment Policy 706.pdf
9.2 Waive the reading and adopt by title only the ordinance adopting Municipal Code Chapter 8.15, Foodware and Food Packaging.
1. 2nd reading MC 8.15.pdf
2. Ordinance - MC 8.15.pdf
3. MC 8.15 Foodware and Food Packaging.pdf
9.3 Adopt a resolution authorizing the submittal of a Prohousing Designation Program application to the California Department of Housing and Community Development (HCD) and authorizing the Town Manager to execute all documents deemed necessary or appropriate
1. Prohousing Designation Program.pdf
2. Prohousing Designation Program Resolution.pdf
9.4 Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2004-1 (Fractional) Mello Roos District.
1. Adopt Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2004-1.pdf
2. CR 2023-24_CFD 2004-01.pdf
3. CFD 2004-01_FY 2023-24_Reso Authorizing Levy.pdf
9.5 Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2005-1 (In Lieu DIF) for Fiscal Year 2023/24.
1. Adopt Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2005-1.pdf
2. CFD 2005-01_FY 2023-24_Reso Authorizing Levy.pdf
3. CR 2023-24_CFD 2005-01.pdf
9.6 Adopt the Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2013-3 (Transit Services) for fiscal year 2023/24.
1. Adopt Resolution ordering the levy and collection of assessment within the Community Facilities District No. 2013-3.pdf
2. CR 2023-24_CFD 2013-3.pdf
3. CFD 2013-3_FY 2023-24_Reso Authorizing Levy.pdf
9.7 Minaret Road Closure and Parking Fee Program for the 27th Annual Mammoth Festival of Beers & Bluesapalooza.
1. 2023 Minaret Road Closure for Special Event.pdf
2. Minaret Road Closure Resolution.pdf
9.8 Accept Check Register 7/6/23 in the amount of $297,285.59. Accept Check Register 7/13/23 in the amount of $1,266,913.11.
1. Check Register 07062023.pdf
2. Check Register 07132023.pdf
10. 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.
10.1 Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Assessment District 93-1 (Juniper Ridge).
1. Public hearing and adoption of Resolution ordering the levy and collection of assessments within Assessment District 93-1.pdf
2. Reso Juniper Confirming Assessment.pdf
3. FY 2023-24 Engineer's Report_Juniper Ridge.pdf
The Mayor opened the public hearing at 4:50 p.m.
Public Works Director Haislip Hayes outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 4:51 p.m.
Moved by
Mayor John Wentworth
Seconded by
Mayor Pro Tem Bill Sauser
Adopt the Resolution ordering the levy and collection of assessment within Assessment District 93-1 (Juniper Ridge) for the 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)
10.2 Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Assessment District 93-4, Zone 1 (The Bluffs) – Maintenance District No.1.
1. Public hearing and adoption of Resolution ordering the levy and collection of assessments within Assessment District 93-4.pdf
2. Reso Bluffs AuthLevy.pdf
3. FY 2023-24 Engineer's Report_Bluffs.pdf
The Mayor opened the public hearing at 4:52 p.m.
Public Works Director Haislip Hayes outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 4:53 p.m.
Moved by
Mayor John Wentworth
Seconded by
Mayor Pro Tem Bill Sauser
Adopt the attached Resolution ordering the levy and collection of assessments within the Bluffs Assessment District No 93-4, Zone 1 for the Fiscal Year 202 3 /2
4 .
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
10.3 Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within the special maintenance district Old Mammoth Road Benefit Assessment District No. 2002-1.
1. Public hearing and adopt the Resolution ordering the levy and collection of assessments within BAD No. 2002-1.pdf
2. Reso OMR AuthLevy.pdf
3. FY 2023-24 Engineer's Report_Old Mammoth Road.pdf
The Mayor opened the public hearing at 4:53 p.m.
Councilmember Rice recused herself due to the proximity of her residence to the Old Mammoth Road Benefit Assessment District No 2002-1 and left the meeting at 4:53 p.m.
Public Works Director Haislip Hayes outlined 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 the public hearing at 4:55 p.m.
Councilmember Rice returned to the meeting at 4:55 p.m.
Moved by
Mayor John Wentworth
Seconded by
Mayor Pro Tem Bill Sauser
Adopt the attached Resolution ordering the levy and collection of assessments within the Old Mammoth Road Benefit Assessment District No. 2002-1 for the Fiscal Year 2023/24.
For (4)
Mayor Pro Tem Bill Sauser, Mayor John Wentworth, Councilmember Sarah Rea, and Councilmember Chris Bubser Abstain (1)
Councilmember Amanda Rice
Carried (4 to 0)
10.4 Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within the special maintenance district North Village Benefit Assessment District No. 2002-2, Zone 1.
1. Public hearing and adopt the Resolution ordering the levy and collection of assessments within BAD No. 2002-2.pdf
2. Reso NVillage AuthLevy.pdf
3. FY 2023-24 Engineer's Report_North Village.pdf
The Mayor opened the public hearing at 4:56 p.m.
Public Works Director Haislip Hayes outlined the information in the staff report.
With no members of the public coming forward to speak, the Mayor closed the public hearing at 4:58 p.m.
Moved by
Mayor John Wentworth
Seconded by
Councilmember Chris Bubser
Adopt the attached resolution ordering the levy and collection of assessments within special maintenance district North Village Benefit Assessment District No. 2002-02, Zone 1 for the Fiscal Year 202 3 /2
4 .
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
10.5 Conduct the public hearing and adopt the Resolution ordering the levy and collection of assessments within Benefit Assessment District No. 2014-1 (Mammoth View).
1. Public hearing and adopt the Resolution ordering the levy and collection of assessments within BAD No. 2014-1.pdf
2. Reso MammothView AuthLevy.pdf
3. FY 2023-24 Engineer's Report_Mammoth View.pdf
The Mayor opened the public hearing at 4:58 p.m.
Public Works Director Haislip Hayes outlined 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 the public hearing at 5:00 p.m.
Moved by
Mayor John Wentworth
Seconded by
Councilmember Amanda Rice
Adopt the attached Resolution ordering the levy and collection of assessments within the Mammoth View Benefit Assessment District No. 2014-1 for the Fiscal Year 202 3 /2
4 .
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
11. POLICY MATTERS
11.1 Approve the Town of Mammoth Lakes FY23-24 5-Year Capital Improvement Plan (CIP).
1. Approve the Town of Mammoth Lakes FY23-24 5-Year Capital Improvement Plan (CIP).pdf
2. Table 1.pdf
3. Table 2.pdf
4. Table 3.pdf
5. Table 4.pdf
Public Works Director Haislip Hayes 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 5-year Capital Improvement Plan 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)
11.2 Approval of three-year Services Agreement with Mammoth Lakes Trails and Public Access (MLTPA) beginning in Fiscal Year 23-24.
1. MLTPA_Agreement_071719_Staff_Report_.pdf
2. MLTPA Agreement.pdf
Mayor Wentworth recused himself from this item and noted that he had no financial interest in this item or Mammoth Lakes Trails and Public Access (
MLTPA).
Town Manager Daniel C. Holler outlined the information in the staff report. There was discussion among members of Council and staff.
PUBLIC COMMENT:
MLTPA Project Management Specialist Kristy Williams introduced Operations Manager Jennifer Crittenden and Board Member Alistair Veitch and said that she would be happy to address any questions the Council may have on this item.
The Mayor Pro Tem called a recess at 5:25 p.m. an the Council reconvened at 5:35 p.m.
Moved by
Councilmember Chris Bubser
Seconded by
Councilmember Sarah Rea
Approve and authorize the Town Manager to sign a three-year services agreement with Mammoth Lakes Trails and Public Access (MLTPA0 beginning in FY23-24 to provide Office of Outdoor Recreation and Mammoth Lakes Trail System support, subject to final legal review.
For (4)
Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Abstain (1)
Mayor John Wentworth
Carried (4 to 0)
11.3 Multi-Agency Cost Share Agreement for Emergency Response to 2023 Winter Storms.
1. Multi-Agency Cost Share Agreement for Emergency Response to 2023 Winter Storms.pdf
2. Multi-Agency 2023 Winter Storm Cost Share Agreement .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
Multi-Agency Cost Share Agreement for Emergency Response to 2023 Winter Storms Subject to
the Approval of all of the
Agencies
and Authorize the Town Manager to Sign the Fin
a
l Agreement
.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
11.4 Selection of Executive Search Firm to Assist the Council in the future hiring of a new Town Manager.
1. Selection of Executive Search Firm to Assist Council in the Hiring of Town Manager.pdf Town Manager Daniel C. Holler outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by
Councilmember Chris Bubser
Seconded by
Mayor John Wentworth
Appoint Mayor Pro Tem Sauser and Council
m
ember Rice to an Ad Hoc Committee to review executive search firms to assist in the selection process of a future new Town Manager .
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
11.5 Determine that Emergency Work Authorized by Resolutions 23-29 and 23-54 continues to be necessary for public welfare and safety.
1. Response to Extreme Weather Conditions and Continuing the need for Emergency Road Repair.pdf
2. Resolution No. 23-29.pdf
3. Resolution No. 23-54.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
Determine that the emergency repair work authorized by Resolutions 23-29 and 23-
54 continues to be necessary for public welfare and safety.
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
11.6 Resolution Terminating the Town of Mammoth Lakes Declared Local Emergency.
1. Resolution of Termination of Town of Mammoth Lakes Declared Local Emergency.pdf
2. Resolution Terminating the Existence of Local Emergency 071923.pdf Town Manager Daniel C. Holler outlined the information in the staff report. There was discussion among members of Council and staff.
Moved by
Councilmember Amanda Rice
Seconded by
Councilmember Chris Bubser
Adopt the Resolution Terminating the Existence of a Local Emergency in the Town of Mammoth Lakes .
For (5)
Mayor John Wentworth, Mayor Pro Tem Bill Sauser, Councilmember Chris Bubser, Councilmember Sarah Rea, and Councilmember Amanda Rice Carried (5 to 0)
12. 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 (MLT) Board meeting. He said that he waned to recognize the Police Department for a textbook felony stop that he recently had the opportunity to watch which was handled very professionally.
Councilmember Bubser attended the Eastern Sierra Transit Authority Board meeting.
Mayor Wentworth reported that the Eastern Sierra Sustainable Recreation Partnership (ESSRP) met recently and had discussed the Statewide effort that Visit California was working on related to tourism planning.
13. CLOSED SESSION
This item was taken out of order.
Town Attorney Andrew Morris reported the it was not necessary to hold closed session.
13.1 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)
13.2 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. 23UCM12)
14. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
15. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, August 2, 2023 at 4:00 p.m.
The Council adjourned the meeting at 5:50 p.m. to a special meeting to be held on July 27th at the Westin to discuss housing solutions. There was discussion between Council and staff.