TOWN COUNCIL OF MAMMOTH LAKES MINUTES OF REGULAR MEETING MARCH 6, 2013

Transcription

1 A3en~A-~- a ~ / ~ Ii 3 TOWN COUNCIL OF MAMMOTH LAKES MINUTES OF REGULAR MEETING MARCH 6, 2013 CLOSED SESSION At 4:07 p.m. the Mayor announced that the Council would be entering into closed session for the purposes as stated in the agenda. Mayor Pro Tern Rick Wood did not participate in the Mammoth Firewood discussion due to a conflict of interest. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION The Council reconvened from closed session at 5:10 p.m. and announced that there was no reportable action taken. WORKSHOP 1. Review of Budget and Proposed Performance Measures for the Administration Department (including Debt Management) and Mammoth Lakes Tourism. The workshop began at 5:13 p.m Agenda bill from Assistant Town Manager Marianna Marysheva-Martjnez appending the performance (460 20) measures for the Administration Department. Ms. Marysheva-Martjnez outlined the information in the staff report. members of Council and staff. There was discussion among There was discussion among members of Council and John Urdi, Executive Director of Mammoth Lakes Tourism. Ten Stehljk, Mammoth Lakes Tourism Board, thanked Mr. Urdi and the team he put together. There was discussion among members of Council and Ms. Stehlik. The workshop ended at 5:47 p.m. ROLL CALL The Mayor called the meeting to order at 6:02 p.m. in the Council Chamber, Old Mammoth Road, Mammoth Lakes, California. The Council was present in its entirety with Councilmembers Jo Bacon, John Eastman, Michael Raimondo, Mayor Pro Tern Rick Wood, and Mayor Matthew Lehman in attendance. PLEDGE OF ALLEGIANCE Councilmember Bacon led the flag salute.

2 Town Council Minutes March 6,2013 Page 2 olô PUBLIC COMMENTS Charles Griffin gave an update on a new power source being developed by the Navy. He encouraged getting away from carbon based products for fuel and energy and towards hydrogen based products. There was discussion among members of Council and Mr. Griffin. John Urdi, Mammoth Lakes Tourism, gave an update regarding current and upcoming marketing events. There was discussion among members of Council and Mr. Urdi. Ten Stehlik, TOT Committee, said that she wanted to address last meeting s TOT appeal hearing outcome. She asked the Town Attorney process questions related to the TOT appeal hearing. Town Attorney Andrew Morris responded. Ms. Stehlik thanked Mayor Lehman and Councilmember Raimondo for voting strictly on the Town s laws. She thanked staff for following the process and providing proper documentation. She apologized for not speaking on the item. She said that the Town s TOT process was done with Council s knowledge and with Council s direction. Ms. Stehljk said that Town Staff had taken cuts and morale was low. She thanked guests for continuing to come back. She said that every individual should be treated equally. Tim Flynn, Mammoth Lakes Contractors Association Board, said it did not make sense to raise fees. said that the Town had lost staff, and that those savings could pay for the permit tech position. He Martin Kieinbard said that he wanted staff time to start a work permit program. derailed on the TOT issues. He said that staff was There was discussion among members of Council and Mr. Kleinbard. Cheryl Witherill, Mammoth Lakes Lodging Association and TOT Enforcement Team, said that the Lodging Association led the TOT enforcement efforts. She said that she thought that Council was behind their efforts and was disappointed in their TOT appeal decision. She said that the message that the Council sent was for people to appeal to the Town Council to reduce their fees. Ms. Witherill thanked Mayor Lehman and Councilmember Raimondo for their vote. She said that the Council had slowed the momentum down with their decision. Tom Smith, Lodging Association and TOT Committee, thanked staff for putting all of the information together to give the Council an ironclad case. He said that the Council s decision was baffling. He said the TOT enforcement efforts brought significant revenue to the Town that could offset needed services in the Town. He asked the Council to stand behind the Lodging Association s and Town Staffs efforts. Mr. Smith asked the Council to stand behind their process in future considerations and to ask questions if they needed to. Diane Stillwell, 101 Great Escapes, said that the average daily rate (adr) in Mammoth was going down. She said that people were successfully renting out their homes themselves. She said that some people were able to rent for cheaper because they were not paying taxes. Ms. Stillwell said that a person renting their home themselves was a business and needed to hire other businesses and get a business license. She said that if all of the renters were subject to the same laws, then the adr could be more competitive.

3 iwn Council M in tiles March ñ, 2013 Page 3 n16 There was discussion among members of Council and Ms. Stiliwell. Mr. Kieinbard said that he had been watching the meeting tape from the time that the TOT ordinance was passed, and that single family transient home rentals still needed to be discussed. There was discussion among members of Council, staff, and Mr. Kleinbard. Stacey Schaubmayer, Alpenhof Lodge and Lodging Association, said that she was disappointed in the vote at the last meeting. She said that she does not want Town Staff to feel deflated and Council needed to hold firm in the process to uplift staff. John Morris, Chairman of the Lodging Association, said that the lodging community was disillusioned and disenfranchised by the Council s decision. He said that he wondered why Council did not ask staff to clarify. He said that the Mammoth Lodging Community was responsible for collecting two-thirds of the Town s operating budget in the form of TOT, and that illegal renting hurt legitimate businesses and the guest experience. Ms. Stehlik said that she wanted to remind Council where this all started, and outlined the program as a compliance issue and not an illegal rental issue. COUNCILMEMBER REPORTS/ADDITIONS TO THE AGENDA Councilmember Bacon reported on the upcoming meetings of the Downtown Working Group. Councilmember Eastman reported that he would attend the Great Basin Unified Air Pollution Control District meeting in Bridgeport tomorrow at 10:00 a.m. Councilmember Raimondo attended the Mammoth Lakes Tourism board meeting. He said that there was coverage of Mammoth in the March edition of the Alaska Airlines magazine. Mayor Pro Tern Wood explained the reasoning for his vote at the last meeting regarding the TOT appeal hearing. Mayor Lehman said that there was a problem with the Measure U Committee and other committees not having a quorum after people had already traveled to Mammoth to attend the meeting. He said that he would be participating in the San Diego Half Marathon and asked for Council approval to submit a reimbursement for his flight there and back. Town Attorney Andrew Morris responded. Town Manager Marianna Marysheva-Martinez noted that there was a Town policy for reimbursement of public officials, and that Council approval was needed for the reimbursement. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS Assistant Building Official Johnny Goetz gave an update on the status of the online portal for building permits.

4 Town Council Minuics March 6, 20 3 Page 4 nf6 INTRODUCTION Introduction of Accounting Assistant/TOT Compliance Patricia Kent. Town Manager Marianna Marysheva-Martinez reported that a new section had been added to the agenda to take the time to thank and recognize Town employees and give the community the opportunity to know the Towns employees. Ms. Marysheva-Martinez acknowledged and thanked Ms. Kent and Mr. Goetz. Senior Planner Sandra Moberly introduced Accounting Assistant/TOT Compliance Patricia Kent Introduction of Assistant Building Official Johnny Goetz. Senior Planner Sandra Moberly congratulated Mr. Goetz on his promotion to Assistant Building Official. CONSENT AGENDA Councilmember Bacon noted that staff had requested that Agenda Item 6 be removed from the consent agenda. Town Attorney Andrew Morris asked that Agenda Items 8 and 9 be removed from the consent agenda and continued to a later date. It was moved by Councilmember Michael Raimondo, seconded by Councilmember Jo Bacon, and carried by a 5-0 roll call vote to approve the consent agenda. 4. Approve the minutes of the regular meeting of February 20, Approve the minutes of the special meeting of February 20, Waive the reading and adopt by title only the ordinance establishing standards for new and reconstructed woodstove inserts. This item was removed from the consent agenda for separate discussion Agenda bill from Assistant Building Official Johnny Goetz outlining the concerns of the real estate ( ) community regarding the woodstove inserts ordinance. Mr. Goetz outlined the information in the updated staff report. Council and staff. There was discussion among members of OR (440 30) There was discussion among members of Council. It was moved by Councilmember John Eastman, seconded by Councilmember Michael Raimondo, and carried by a 5-0 roll call vote to approve Option 2: Modify the ordinance to specify that it applies to sale

5 Town Council Minutes March 6, 2013 Page 5 oiô of properties for which escrow has opened after June Waive the first reading and introduce by title only the ordinance establishing standards for new and reconstructed woodstove inserts. Ri Approve the resolution authorizing completion and approval of the Cycle 10 Safe Routes to School Grant for the Mammoth Unified School District Connector Path and Safety (820 55) Impiovement Project. Ri 3_ 8. Approve the resolution adopting and superseding the Town s Local Goals and Policies for Community Facilities Districts. R13 9. Approve the resolution declaring the Council s intention to establish Town of Mammoth Lakes Community Facilities District No (Transit Services) pursuant to the Mello Roos Act of 1982 and to levy a special tax in connection therewith Accept the Register of Demands No in the amount of $1,071, POLICY MATTERS 11. Appeal of Notice of Determination for Transient Occupancy (TOT) Tax, Penalty, and Interest due from Austria Hof Slopeside Rentals. Mayor Pro Tern Wood cited a conflict of interest and left the meeting at 7:38 p.m Agenda bill from Finance Manager Cyndi Myrold appending the Tax Collector s Notice of Determination upholding the penalties and interest to Austria Hof Slopeside Rentals. Ms. Myrold outlined the information in the staff report. Joe Mueller, Austria Hof Slopeside Rentals, said that he did not open his TOT remittance form until the due date, so he did not know that the Town Offices would be closing early. He said that in the past Town Staff used to physically call remitters if the Town Offices closed early, He said that the Town needed an online option. There was discussion among members of Council and Mr. Mueller. There was discussion among members of Council and staff. There was discussion among members of Council. It was moved by Councilmember Jo Bacon, seconded by Councilmember John Eastman, and carried by a 395.so 4-0 roll call vote to approve with Mayor Pro Tern Wood abstaining, Option 1: Make a finding of noncompliance with the Code, uphold the Notice of Determination, and require payment of all penalties and interest.

6 neil M in tiles ~ 1arch 6, 2() 3 Page 6 ol Appoint applicant to the Board of Appeals/Building Advisory Committee Agenda bill from Town Clerk Jamie Gray appending the application of Wes Davis. Town Clerk s Notice ( )of Vacancy dated January 30, There was discussion among members of Council. It was moved by Councilmember John Eastman, seconded by Councilmember Michael Raimondo, and carried by a 4-0 roll call vote to approve, with Mayor Pro Tern Wood absent, the appointment of Wes (440 90) Davis to the Board of Appeals/Building Advisory Committee, with a term of appointment to expire on April ADJOURNMENT The Council adjourned the meeting at 7:51 p.m. Respectfully submitted, Jamie Gray Town Clerk