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HomeMy Public PortalAbout1999-06-17 Town of Truckee TOWN COUNCIL REGULAR MEETING MINUTES June 17, 1999, 6:00 P.M. Truckee Donner Public Utility District Board Room 11570 Donner Pass Road, Truckee, CA o CALL TO ORDER - Mayor Susman called the regular Council meeting to order at 6:04 p.m. ROLL CALL PRESENT: Councilmembers: Drake, Flor/an, McCormack, Schneider, and Mayor Susman ALSO PRESENT: Stephen L. Wright, Town Manager; J. Dennis Crabb, Town Attorney; and Vicki C. Soderquist, Town Clerk PLEDGE OF ALLEGIANCE was led by George Robertson. PUBLIC COMMENTS - None CONSENT CALENDAR (One motion approves all of the following actions.) Motion by Councilmember Schneider to adopt the Consent Calendar, Seconded by Councilmember Fiorian, passed unanimously. 6.1 6.2 6.3 6.4 6.5 6.6 Minutes of June 3, 1999 Regular Meeting. Recommendation: Council approve. Health Insurance Coverage. Recommendation: Council adopt Resolution 99-32 to terminate the current health insurance contract with Blue Shield and authorize the Town Manager to sign an agreement with Humana for health insurance coverage effective July 1, 1999. Authorization to Purchase Replacement Sweeper. Recommendation: Council authorize the Public Works Director to issue a purchase order for a TYMCO 600 Regenerative Air Street Sweeper when the budget is approved. Submittal of Trout Creek 319H Grant Application. Recommendation: Council authorize the Town Engineer to submit the 319H grant application for funding consideration by the State Water Resources Control Board. Application No. 98-083/FM (Truckee Donner Townhomes Final Map). Recommendation: Council approve Resolution 99-29 approving Final Map 98-083 for Truckee Donner Townhomes and authorizing the Town Engineer and Town Surveyor to sign the map. Authorization to Advertise Palisades Dr/Hwy 267 Traffic Signal Project for Construction Bids (CIP 60-03-28). Recommendation: Council authorize the Town Engineer to advertise the Palisades Dr/SR 267 signal project for construction bids, authorize the Town Engineer to pre-order the signal poles and mast arms, and adopt Resolution 99-30 authorizing the Town Manager to acquire necessary right-of-way to complete the project. PUBLIC HEARINGS 7.1 Update to the Town of Truckee Traffic Impact Fees. Recommendation: Council accept public input, consider revisions and conduct first reading of Ordinance 99-05 adopting revised traffic impact fees. Dan Wilkins, Town Engineer, stated the enabling legislation that allowed the collection of impact fees was AB 1600. The present fee program was inherited fi.om Nevada County with no major update since that time. The proposed fee program was modeled after the Placer County Traffic Impact Fee Program. He then reviewed the proposed projects to be funded from the impact fees. The program was designed to accumulate fees based on a 20-year life, and would be reevaluated and updated every five years. Follow up action would be to adopt a resolution specifying procedures for implementation. Mr. Wright stated that input had been received from the Board of Realtors and the Contractors Association of Truckee Tahoe (CATT). Mr. Lashbrook sated that the staff report recommended an annual CPI adjustment based on the engineering construction record which had been omitted from the ordinance. The CPI would be updated on January 1st of each year and he requested that Council action also amend the ordinance to include the CPI. Councilmember Schneider questioned why the peak hour was used in the methodology for traffic impacts instead of a median or average. Mr. Wilkins replied that was the planning time period the roads were designed, therefore, staff felt it appropriate to use that to base the fee program on as well. Mr. Lashbrook stated the traffic modeling was based on a summer time weekday PM peak, therefore it did not capture the ski areas unloading, Lake Tahoe, etc. because they did not feel they could accommodate those issues through a traffic impact fee. This being the time and place as advertised, the public hearing was declared open. There being no public testimony the public hearing was declared closed. Motion by Counciimember McCormack to introduce the Ordinance 99-05 and place it on first reading, as amended to include the annual CPI increase, Seconded by Councilmember Schneider, passed unanimously. 7,2 Parcel Charges for Town Special Service Areas (TSSAs) and Permanent Road Divisions (PRDs). Recommendation: Council hold the public heming and approve Resolution 99-33 adopting the assessment rate for Town TSSAs and PRDs subject to initial Council policy direction related to the Snow Fee Committee recommendations. Mr. Wright stated that each year the Town had to adopt the TSSA fees in order for the Nevada County Tax Collector to assess parcel charges on behalf of the Town. The fees were not going up for 1999/2000. An implementing resolution would be brought back to Council to implement the policy the Council adopted under Item 9.1. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. Motion by Councilmember McCormack to adopt Resolution 99-33, Seconded by Councilmember Schneider, passed unanimously. 7.3 Proposed Grant Application for Truckee Economic Development Strategic Plan. Recommendation: Council adopt Resolution 99-31 authorizing the submission of the grant application. Mr. Lashbrook stated that the public hearing was being held to invite comment from the public regarding the Town's interest in submitting an application for funds to the State Small Cities Community Development Block Grant (CDBG) program. The proposed project was the preparation of an economic development strategy, which would identify opportunities for business andjob growth. Town of Truckee Jtme 17, 1999 Regular Page 2 The purpose of the funding was to principally benefit low-moderate income persons. The Town was requesting up to $35,000 in grant funds, supplemented by local matching funds of $5,600. Following the close of the public hearing the Council was requested to take action on submission of the application to the state. The procedure was part of the annual citizen participation requirements associated with CDBG funds. The Town was one of approximately 180 communities in Cahfomia eligible for the funds each year. Mr. Lashbrook informed the Council that the heating had been advertised for a minimum often days, with information available at the Town Hall, as well as instructions for submission of written comments, if someone wishing to comment was unable to attend the meeting. An earlier public meeting was held on June l0th which informed the public of the Town's eligibility in the CDBG program and the types of uses for which the funds were intended. The meeting of June l0th was noticed 72 hours in advance in the Sierra Sun. The Town would provide technical assistance to those individuals/organizations wishing to participate in the CDBG process. Mayor Susman questioned if the grant would fund a consultant. Mr. Lashbrook stated that was correct. An RFP would be prepared for those services if approved. Mayor Susman felt it would be a first step towards other grants regarding affordable housing. Mr. Lashbrook replied that ideas that could come out of the grant could be priorities for redevelopment funding, what land use changes should be considered in the next General Plan update, strategies to create employment or opportunities to deal with affordable housing, etc. Councilmember Schneider stated that seed money for an industrial park had been cut from the budget and she hoped once the report was completed, if it included an indicator that it was something the Council should pursue, that they would take another look at it. Councilmember Florian questioned the competition. Mr. Lashbrook replied that the application was being submitted in the first cycle and he believed the Town had a good chance of being approved, but it was a competitive process. Councilmember Drake stated that the strategic plan would include a similar type of questioning as the PC2 analysis and he hoped that would not be duplicated but used to make it more meaningful. Mr. Lashbrook replied that was exactly what they were trying to do. This being the time and place as advertised the public hearing was declared open. There being no public testimony, the public hearing was declared closed. Motion by Councilmember McCormack to adopt Resolution 99-31 authorizing the submission of the grant application, Seconded by Councilmember Schneider, passed unanimously. COUNCIL IMMEDIATE PRIORITIES 8.1 Personal Watercraft Recommendations (Oral Report). provide direction as desired. Recommendation: Council Mr. Wright stated the long-range Dormer Lake Watercraft comnUttee had met on June 10~ and would be meeting again on June 22ha. The water company would be testing once a week (beginning next week) through July and were working on getting faster results. The Research Institute had been helpful in providing forms and data they felt was relevant. The Tahoe Donner Association and Recreation and Park District had agreed to participate and provide in-depth data regarding the boat counts which they hoped to implement next week. The boating officer was proceeding with the development of educational information and a budget had been included for brochures, signs, etc. The Town of Truckee June 17, 1999 Regular Page 3 o Committee raised the issue of pursuing grants with the State, Lahontan and Sierra Pacific for further water testing. Staff would draft an ordinance, have the Committee review it, and send it to Council on July 1st. If approved, it would then be forwarded to Boating and Waterways. A special meeting would be scheduled if water quality was not being met for Council to take action on an urgency ordinance to implement the "trigger". Councilmember Florian questioned the water testing schedule approved by the State. Mr. Wright replied that the State told Donner Lake Water that they only had to test once after the 4th of July weekend. If negative results occurred the State would mandate further testing until the water quality met State standards. Mayor Susman questioned the previous testing schedule. Mr. Wright replied that it was quarterly. Councilmember McCormack questioned if the thgger in the ordinance would be the TRPA standards. Mr. Wright stated that was correct, but the trigger would be reset at the beginning of each summer. Councilmember Schneider stated that MTBE was not the only issue, they still needed to monitor the higher levels of the lake. STAFF REPORTS 9.1 Snow Removal Fee Committee Recommendations. A recommendation will be presented to the Council based on input received during the scheduled budget workshops. This item was heard prior to Item 7.2. Mr. Wright stated that there were several items regarding TSSA fees on the agenda and they were being heard in the proper order. In November 1998, it was recommended that the Snow Fee Committee recommendations be deferred to the budget time. The proposed policy designated 20% of TSSA fees for road maintenance for the upcoming year, with potential increases in future years. The proposal included an exception from the recommendation for deficit TSSAs. The draft budget had been modified to reflect the proposed recommendation. A resolution would be brought forward to Council on July 1st establishing such a policy. The next item on the agenda dealt only with the amounts that should be on the tax role and would not be impacted by any Council action in support of the proposed policy. Councilmember McCormack stated that the Town was fortunate with improved efficiency of snow removal to have had excess, but with 20% going to maintenance it would be possible that the snow removal costs could exceed the revenues. It was important to understand that it would be made up from the General Fund. At some point in time the Council would have to address the issue of whether they wanted to continue the TSSA charges. Due to the small size of some of the TSSA areas monies may have to be accumulated in order to have enough money for a specific project. Councilmember Drake stated the Council could go back with another ballot issue asking about equity. He would like to see that addressed again in the future to create equity. George Robertson, Glenshire, stated that since 1973 he had been asking for equity and thanked the Council for taking a step towards that. Motion by Councilmember Schneider to conceptually approve the modified recommendation by staff (designate 20% of TSSA fees for road maintenance for the upcoming year, with an exception for deficit TSSAs), Seconded by Councilmember Florian, approved unanimously. Town of Truckee June 17, 1999 Regular Page 4 9.2 Adoption of Fiscal Year 1999/2000 Budget. Recommendation: Council adopt the 1999/2000 Annual Operating Budget. Mr. Wright stated that two Council workshops had been held for the review of the proposed budget. The budget was balanced, included fully funded reserves, and also included increased levels of service. The budget was $20,416,349 with over 50% in capital projects (improvements). The revenues reflected the fiscal health of the community with increases in property taxes, Transient Occupancy Taxes (TOT) and franchises and court fines (due to State legislative changes). Service increases included one additional traffic officer, one dispatcher, a partial transfer from the school district ($22,000), an additional animal control officer, one part-time kennel attendant, one planning/engineering technician, two part time summer maintenance workers and one part-time winter maintenance worker. There was over $4.5 million in roadwork included, $467,000 was included for drainage projects, $2,110,000 for the Downtown Project - Mello Roos District (dependent upon the actions of the members of the District), $1,673,000 for Glenshire Bridge, design work and land acquisition for a Town Hall (a needs assessment would be performed to identify needs), and $328,000 for planning and implementation of trails. The original incorporation decision was a good one and the Town had matured. Citizens were clearly benefiting from local control and decisions related to their tax dollars and the budget reflected that. Mayor Susman noted that the Council had really scrutinized the increased levels of service and had also lowered the list of unmet needs. The Animal Control budget had increased by over $100,000 due to the kennel and the public's request for mom enforcement. A new street sweeper was also being purchased to address the air quality issues. The budget included $4.5 million for asphalt and upgrading equipment inherited when the Town incorporated. Councilmember McCormack stated that the budget was a substantial document and reflected six years of staff effort. Staff was very good at the process, the Council was good at reviewing, and the process was really working. The priority sessions held by the Council set the target of what the Council wanted to do and those costs were presented to them during the budget process. Other management tools had also been developed, i.e. the Five-Year Road Maintenance Program, which established the construction priorities, and the Five-Year Capital Improvement Program. Both helped with the budget process. Councilmember Schneider stated that the budget was conservative and always had been, and also fully funded all reserves. She acknowledged Ms. Olsen and the department heads. Councilmember Drake agreed with the previous comments. He stated he would vote to approve the budget but protested the action of the School Board in refusing to continue the $20,000 funding for the school resource/DARE officer. His dissatisfaction was with the educational system from the federal and state level, projects, programs. New directions were constantly being shoved down on local government to implement. The school resource officer provided some measure of safety and security and could not be partially funded. The education system received more and more funding and yet they cut more and more programs and then asked others, such as the Town, to pay for it. Why were they a separate district with their own funding sources, but to pay their own way. Funding shifts at the state level had taken money from cities and counties for several years and shifted it to schools, concurrently several propositions and the voters had approved bond issues. He supported the Town funding the school resource officer because it was worthwhile and needed. Motion by Councilmember Florian to adopt the fiscal year 1999/2000 Annual Operating Budget, Seconded by Councilmember Drake. Town of Truckee June 17, 1999 Regular Page 5 Emily Cashin, Member of the Subcommittee for Donner Lake, questioned if there was money budgeted for water testing of Donner Lake as Del Oro would pass that cost on to its customers. Donner Lake was a Town issue and the water quality testing should be their responsibility, the water users in the area should not have to assume that cost. Mr. Wright replied that it was the subcomrmrtee's intent that rather than taking Town General Fund dollars, they would pursue grants for water quality testing for those entities in that particular business which the Town was not. Ms. Cashin expressed her concem with the time involved to write and submit grants. Studies showed that the elevated pollution went through Augast and September. Mayor Susman stated that the Council would have to discuss funding for water quality testing or setting aside funding as a policy issue. He noted that Donner Lake had never exceeded State standards in the past. Councilmember McCormack stated the subcornnuttee had not yet addressed the long-term health of the lake, that was yet to come. The Council needed to understand what was needed and appropriate, and after that was presented they could always amend the budget. Councilmember McCormack stated he was also disappointed the School District was not going to fund the school resource officer but during the budget process the Council had reiterated the importance of the SRO and felt the priority for the utilization was to keep him in the schools and not on the streets doing other duties, it was a vital service that had to continue. Mr. Wright stated that SheriffRoyal and Captain Jacobson stated that it appeared there would be additional COPS funding and if received they would earmark it for school resource activities, which could back fill that expenditure. Vote on Motion: approved unanimously. 9.3 Urgency Ordinance Prohibiting Drinking in Public. Recommendation: Council make the appropriate urgency findings and adopt Urgency Ordinance 99-06. Mr. Wright stated that the existing ordinance only affected Downtown and the new ordinance expanded the prohibition Town-wide. The ordinance would be effective on public areas (streets, etc.) and where the public was likely to congregate. The primary issue was that it provided the Sheriffwith a tool to deal with public drinking issues. Last year's 4t~ of July activities had prompted the need. There were exceptions in the ordinance for public agency properties upon request; private property not open to the public (homeowner association land); and special event permits issued by the Chief of Police. The ordinance would become effective immediately upon adoption. Mayor Susman questioned how a public agency would request an exemption. Mr. Crabb replied that they would write a letter requesting exemption and they would be exempted, although State law would still apply. Governmental agencies could have events where they had concems and wanted the ordinance enforced in order to put on the event. They could take the exemption on and off as their policy dictated. Mayor Susman stated the ordinance stated "any public or private parking lot" and questioned what if people were there with the owner's consent. Mr. Crabb stated that the reference was aimed at the liquor store scenario, i.e. a congregation issue and related problems. Mayor Susman stated the intent and goal of the ordinance was due to the problems last year during the 4th of July. There was legal alcohol at West End Beach and at a private residence but there were people walking across the street, i.e. one spot to the other. Mr. Wright stated that the intent was to put a lid on the open outdoor parties in public rights-of-way which got out of hand. Town of Truckee June 17, 1999 Regular Page 6 10. 11. 12. Councilmember Drake stated it gave the Sheriff a tool to get people off the street. The Town Attorney had recommended what most cities had already adopted. It was very consistent and the old law was very inconsistent in enforcement. He felt it was the reasonable thing to do. Councilmember Florian questioned how the ordinance would apply to Chamber mixers, grand openings, etc. Mr. Crabb stated that assuming they were on private property, they would get a special event permit and would be exempt. If on private property it would not be a public gathering and it would not apply. Chelsea Wa/terscheid, Historical Society, stated that they leased land from the Recreation and Park District and questioned what would happen if the Recreation District did not ask for an exemption. Mr. Wright replied that the Historical Society could ask for a special event perrmt, but he was certain that the Recreation District would ask for an exemption. Charlie White, Donner Lake, thanked the Council for pursuing the issue and making it Town-wide, he felt the old law was inequitable. He was also glad to hear that it was not the Town's intent to bring the gestapo in, as they were seeing more and more "don'ts" all the time. He questioned how the public was going to know which Recreation District areas had an exemption. Mr. Wright replied that would be up to the Recreation District. Mr. White felt the public should lobby the Recreation District and ask them to publicize what their exemptions were. Mayor Susman stated he was also concerned over another "don't". He questioned the Sheriffs ability to enforce the law if it was not posted or signed. Mr. Crabb stated it was not a posting ordinance. Mayor Susman stated the public would have to go under the assumption that there was no drinking anywhere unless an exemption had been granted. Motion by Councilmember Drake to find that an urgency existed and to adopt Urgency Ordinance 99~06, Seconded by Councilmember McCormack, passed unanimously. COUNCILMEMBER REPORTS: 10.1 Trails Planning Group. Councilmember Sclme/der stated that the members of the public that were involved in the Group were very excited and putting in a lot of hours. There were currently mapping and were taking their charge very serious. 10.2 10 Millionth Model T. Mayor Susman stated that the 10 Millionth Model T came through Truckee on Thursday. Dr. Allen Hathaway made the trip 25 years ago on the 50~ anniversary of the 10 Millionth Model T and again on the 75~ anniversary. Mr. Hathaway was presented with a Mayoral Proclamation recognizing his accomplishment. CLOSED SESSION to discuss matters of anticipated litigation (2 cases) pursuant to Government Code Section 54956.9; litigation against Nevada County pursuant to Government Code Section 54956,9; and Peoria Sunnyside LLC vs the Town o£Trnckee pursuant to Government Code Section 54956.9. Closed Session was not held. ADJOURNMENT. Mayor Susman adjourned the meeting at 7:43 p.m. by: Respectfully submitted, Vicki C. Soderquist, CMCT',',~wn Clerk Town of Truckee June 17, 1999 Regular Page 7