HomeMy Public PortalAbout1995-07-06Revised 7-20-95
Town of Truckee
TOWN COUNCIL
REGULAR MEETING
July 6, 1995, 6:00 P.M.
Truckee Donner Public Utility District Board Room
11570 Donner Pass Road, Truckee, CA
MINUTES
1. CALL TO ORDER. Mayor Cross called the meeting to order at 6:02 p.m.
ROLL CALL. Town Manager Wright called the roll with Council Members Carpenter,
Drake, Eagan, McCormack and Mayor Cross being present. Staff present included Town
Attorney Dennis Crabb, Public Works Director Jon Lander, Community Development
Director Lashbrook, Finance Director Jill Brown, Town Planner Elizabeth Eddins, Associate
Planner Duane Hall, and Staff Assistant Jim Smith.
3. PLEDGE OF ALLEGIANCE was led by Council Member Bob Drake.
4. PUBLIC COMMENT. None
5. PRESENTATIONS.
CONSENT CALENDAR. Agenda item 6.9 was pulled from consideration at this Council
Meeting, and agenda items 6.7, 6.8, and 6.11 were pulled for further discussion. Town
Manager Wright introduced the contract language revisions on agenda item 6.6 (Visitor
Center Operating Agreement) stating that the 5% Cost of Living Adjustment had been
inadvertently omitted from the Agreement. Council Member Drake moved, and Council
Member Eagan seconded, to approve the Consent Calendar as amended, which motion
passed unanimously.
6. l Minutes of Closed Session, May 18, 1995 -- approved.
6.2 Minutes of Closed Session, June 1, 1995 -- approved.
6.3 Minutes of Regular Meeting, June 15, 1995 -- approved.
6.4 Treasurer's Report for May, 1995 -~ accepted.
6.5 Intermodal Lease Agreement -- approved.
6.6 Tahoe North VCB Agreement -- approved as amended.
6.7 Adopt Ordinance Amending Municipal Code Title 13 -- pulled for discussion.
6.8 Sign Grant Change Order -- pulled for discussion.
6.9 Resolution Approving Memorandum of Understanding -- pulled.
6.10 Oppose SB61 (Kopp)-- approved.
6.11 Authorization to Advertise Road Projects -- pulled for discussion.
DISCUSSION ITEMS:
6.7 Adopt Ordinance Setting Forth Regulations for Encroachments. etc. Public Works
Director Lander reviewed the meetings held with two special districts who requested
further consideration of this ordinance (Truckee-Donner Public Utility District
[PUD] and the Truckee Sanitary District [TSD]). Mr. Lander distributed a draft of
administrative rules and also explained how the new blanket encroachment permit
process will work, what the permit will cover, and the conditions which the utilities
will have to meet. Peter Holzmeister, General Manager of the PUD, requested that
the reference to the PUC (Public Utility Commission) in Section 13.01.040(0 be
replaced with the Code of Good Utility Practice inasmuch as the PUD is not
regulated in any way by the PUC, and that all utility companies in this region operate
in compliance with the Code of Good Utility Practice. This request was included.
Mayor Cross inquired about mailboxes in the street right-of-way. Mr. Lander noted
for the record that all mailbox installation must be in accordance with the rules and
regulations of the US Post Office and that the Town is not liable in the event of
damage to any box placed in the street right-of-way or snow storage easement.
Council Member McCormack moved to waive the reading and adopt Ordinance
95-11 Amending Truckee Municipal Code Title 13 Streets and Sidewalks and
subsections. Council Member Carpenter seconded, and the motion passed
unanimously.
6.8
Sign Project Change Order. Public Works Director Lander introduced this item and
noted that since a favorable price was received from the contractor, Staff has
proposed six change orders: upgrade sign sheeting to VIP which is the newest
product on the market and has a reflective rating considerably higher than the high
intensity originally ordered; anti-graffiti coating; thicker aluminum blank; additional
"Not a Thru Street" signs, additional weight limit signs, speed limit signs, and
informational signs for the Park District. The contractor is proposing an August start
date with about a 30-day installation period, and attributed the delay to the backlog
of orders for the newer high intensity sheeting material. Council Member Drake
moved to authorize the Public Works Director to execute Change Order 1 to the
HES Sign Project with McGuire Pacific Constructors. Council Member Eagan
provided the second, and the motion passed unanimously.
6.11
Authorization to Advertise Road Projects. Council Member McCormack expressed
concerns about the level of service for Tahoe Donner. Public Works Director Jon
Lander explained various road deterioration/water problems on Swiss Lane. He
further discussed the rate of repair versus patchwork. Council Member McCormack
stated Swiss Lane had not received chip seal or slurry treatment during the last round
of road work and it really makes a difference. Council Member McCormack
moved to approve the authorization to advertise road projects in Tahoe Donner
and Glenshire areas. Council Member Carpenter seconded, and the motion
passed unanimously.
Town Council Minutes
Page 2
Geoff Stephens of the Glenshire/Devonshire Property Owners Association requested
more service on Manchester and Dorchester due to anticipated traffic levels when the
elementary school opens rather than White Horse/Archery View areas as originally
contemplated. Consensus achieved on this request.
COUNCIL IMMEDIATE (9-12 MONTH) PRIORITIES
7.1 Town Special Service Area (TSSA) Parcel Charge Hearing. Public Works Director
Lander summarized his Staff Report by stating that this is the same process as last
year and that the fees are justified continuing for one more year until a resolution is
achieved on the road restoration/maintenance priority issue. He also stated that the
parcel charge assessment maintains the program established by Council last fiscal
year. Three areas of concern were noted: 1) TSSA 2 Olympic Heights account will
be overdrawn going into the new fiscal year as the current fees assessed do not pay
for the full snow removal cost. 2) Donner Terrace PRD (Permanent Road Division)
is also at break even or deficit though the specific charges for the avalanche control
service has not been computed. Director Lander also noted that the issue of
providing avalanche protection has not been resolved. 3) TSSA 5, Zone 3
Cambridge Estates will receive a rate adjustment in order to provide the necessary
service to reach developed lots pursuant to discussions with the developer. Proposed
rates will be $74 for undeveloped parcels and $166 for developed parcels.
Director Lander also noted that letters had been sent to Donner Lake Woods, Prosser
Woods, and Cambridge Estates, areas that chose no service or reduced service last
year. Discussions have been held with the Property Owners Association for Donner
Lake Woods (TSSA 9, Zone 3) who has expressed an interest to have the Town
provide snow removal service this winter depending on the rate. Mr. Lander
calculated the rate to be $105 per lot (developed or not). No commitment from
Donner Lake Woods has been received to date. No response has been received from
the developer of Prosser Woods.
Mayor Cross inquired why the charge for Donner Lake Woods was the same for
developed versus undeveloped lots. Director Lander stated that was the Association's
request.
Council Member Eagan inquired about Cambridge Estates as to what streets were to
be plowed and what methodology was used for continuing two rate levels as opposed
to one rate for Donner Lake Woods. Director Lander covered several factors
determining the service budget: Donner Lake Woods asked for one rate; Cambridge
follows the TSSA 5 model; and Glenshire-Devonshire (TSSA 5) purchased one
piece of snow removal equipment and it is being a "lease back" for use in other areas
of the Town, thus reducing the cost of service.
Council Member Carpenter asked if a snow removal plan has been established for the
Donner Terrace. No specific plan for the upcoming winter has been finalized.
Town Council Minutes
Page 3
Council Member Eagan also inquired if the Olympic Heights TSSA will be in a
deficit condition, why not raise the mount? Mr. Lander stated that the original
County CSAs (County Service Area) were established with a budget in place and it
was unclear whether the Town could change the assessment amount. Town Attorney
Crabb then stated that a Town Council usually is free to adjust rates as necessary.
Council Member Drake commented that there are gross inequities in the TSSA
structure in that some parts of the community pay while others do not. He stressed
the need to see a plan developed where everyone pays or no one pays.
Mayor Cross opened the public hearing at 6:47 pm.
Jean Solberg, spoke on behalf of the Wolfe Estates Property Owners Association
(TSSA 9 Zone 1) and stated that Wolfe Estates had not been contacted by Mr. Lander
and wanted to know why. She needs to speak with him to get costs with options that
she can present to the Association. Ms. Solberg estimated about a one-week turn-
around to poll the owners.
Council Member Eagan expressed concern about the lack of clarity in the Staff
Report; Olympic Heights TSSA going into a deficit; Donner Terrace avalanche fee
not being adequate to cover costs; and the need for a date certain to establish a snow
removal plan for Donner Terrace PRD.
It was general consensus of the Council to establish policy for avalanche zones and
related costs, and put this issue on the Council's priority agenda list before winter.
Mayor Cross continued the public hearing to July 20, 1995 only for continued
discussion on Olympic Heights TSSA 2, Donner Lake West TSSA 9 (all zones), and
Donner Terrace PRD. Council Member Eagan moved to adopt the balance of the
parcel charges and adopt an amended resolution. Council Member Drake
provided the second, and the motion passed unanimously.
7.2
Lewis Rezonine. Director Lashbrook reviewed the Staff Report on this item and
showed slides for the Council's benefit as to property location and steepness of slope
in the area where an avalanche occurred in 1982. Applicant hired avalanche expert
Dick Penniman & Associates for study of the site as it relates to avalanche potential.
The Penniman report supports applicant's request for a lower avalanche zone rating.
A second consultant corroborates the Penniman report. There was much discussion
during the Planning Commission review, and reference is made to Page 2 of their
minutes of June 14, 1995, and the Commission's Negative Declaration. Director
Lashbrook advised the Council that the reason for the request was so the applicant
could expand the residence without complying with more stringent building
requirements if the property remained in the red zone.
Town Council Minutes
Page 4
Council Member Drake requested the applicant execute a hold harmless agreement
with the Town if the Council changed the zoning due to potential futura liability
claims. Council Member Eagan questioned how would risk to the Town change if
the Council changed the zoning. Attorney Crabb stated that there would be no
change in the level of risk due to legislative immunity and discretionary immunity.
Mayor Cross opened the public hearing at 7:20 PM
Jean Solberg, applicant's representative, advised the Council that the purpose of this
rezoning request was to correct an error in mapping when the original avalanche
studies and maps were done, and requested the Council's concurrence.
Barbara Lewis, applicant, stated that another property owner in the same area
previously received approval to reduce the avalanche zone rating, but that all other
properties on Washoe Road are definitely in the red zone and were affected by the
1982 avalanche. She cited the following masons for the rezoning application:
.. not affected by the avalanche in 1982
.. affects property insurance costs
.. high hazard zone (increased insurance & building costs)
., needs to build bedroom and garage
.. plans to give property to children
Mayor Cross closed the public hearing at 7:27 PM.
There was continued discussion about having the applicant execute a hold harmless
agreement. Council Member Drake still requested one and Council Member
McCormack stated he was against one. Mayor Cross expressed hesitation about
changing the zoning as requested and bring risk to the Town, but felt more
comfortable after heating the Town Attorney. The Mayor stated the Town needs to
assist our citizenry.
Council Member Eagan made a motion to adopt a Negative Declaration for the
project based on the findings of the initial study; and introduce Ordinance
amending the Town Zoning Map to modify the avalanche hazard designation
of the Potential Snow Avalanche Area Combining/Overlay District within APN
17-132-15 (Lewis) from the Red Zone to the Blue Zone. Council Member
McCormack seconded, and the motion passed four to one with Council Member
Drake casting a no vote.
7.3
gennerson Town Land Acquisition (95-022/ABN]. Public Works Director Lander
reviewed the Staff Report with Council explakning the Keunersons' desire to acquire
a portion of the excess Town right-of-way for construction of a garage.
Mayor Cross opened the public hearing at 7:43 PM.
Town Council Minutes
Page 5
Art Kennerson, project applicant, asked for Council approval of his request and
questioned the need for an appraisal if the property is going to be abandoned.
Director Lander explained that it is a formality for the Town to establish the value
of surplus property and an impropriety for the Town to make a gift of public funds.
Mayor Cross closed the public hearing at 7:46 PM.
Council Member Eagan made a motion to adopt the Resolution of Intent to
Vacate a portion of the Town right-of-way on Mogul Way (95-022/ABN) and
directed staff to determine the market value of the land. Council Member
Drake provided the second, and the motion passed unanimously.
Brief recess taken, with the meeting being resumed at 8:00 PM.
STAFF REPORTS
8.1 Road Committee Ballot Measure. Road Committee Chairman George Ticknor stated
that public meetings were held throughout the community to explain the road
program as it was presented to Council at an earlier Council meeting. A majority of
public comment was very positive and all questions raised were answered. The
Committee wants to make a special effort to let people know that the questions raised
have been researched and reviewed. A volunteer committee will be formed and will
develop an argument in favor of the bond measure to be included in the voter
pamphlet, as well as conduct a public relations campaign. This committee will be
independent of any Town authority. Mr. Ticknor explained that the road restoration
will be handled through bonds and road maintenance will be handled through the
proposed sales tax increase, if all goes well. He distributed final Committee
recommendations developed earlier that day.
Council Member Drake questioned what happens if the sales tax fails. Mr. Ticknor
commented that the bonds would not be issued unless a funded maintenance program
is developed. Council Member Drake requested that appropriate language be
developed and this point reiterated and made clear in the ballot argument.
Discussion ensued about other funding sources and the Road Committee's need to
clarify wording and options available regarding an advisory vote and the ballot
measure in general.
Council Member McCormack stated that he supports the Road Committee and the
tremendous amount of work they have completed to date, however he did not accept
the Committee's reasoning for opposing the pay-as-you-go scenario. He was
unconvinced that the community would not support the pay-as-you-go plan versus
the higher bond costs for a short time period. He explained other aspects and
opposing arguments such as no cap on costs; flexibility of plans; road maintenance
products that could be developed in the future that might save costs; and guaranteed
Town Council Minutes
Page 6
completion of the project. Council Member McCormack noted that every argument
has a plus and a minus.
Mr. Ticknor reviewed the Committee's deliberations and stated that the Committee
feels that there were more pluses than negatives on the parcel charge. The
Committee wanted to keep parcel charges under $200 as a lot of citizens just cannot
afford to pay more. He also advised that the Committee gave thoughtful, deliberate
review to each question raised at public meetings. Mr. Ticknor also thought that all
of the issues discussed were open to a matter of interpretation and personal opinion.
Council Member Carpenter noted for the record that input from all the meetings was
that costs are too high and keep the parcel charge amount as low as possible.
Council Member Drake made a motion to approve the language proposed by
the Road Committee and directed Staff to proceed. Council Member
McCormack provided the second, and the motion passed unanimously.
The following agenda items were taken out of order. Council Member Carpenter excused himself
due to a conflict of interest on Agenda Item 9.3.
9.3
Request for Rental Subsidy - TGIF Counseling Center. Town Manager Wright
introduced this item describing the TGIF rent subsidy request for space in the Town's
Community Development Department's former location at 12030 Donner Pass Road.
Mr. Wright explained the terms of the offer ($500 per month rent reduction for six
months with graduated subsidies beyond six months) and also that since the Council
has not yet had the opportunity to establish policy regarding this type of request, it
was recommended that the request be denied at this time. Mr. Wright further
explained that typically Nevada County has funded social service activities, but since
the County is also short of funding sources, local agencies may be approaching the
Town Council for financial assistance.
Kay Teel, Managing Therapist, addressed the Council stating that TGIF has been
looking since March, 1995, for adequate facilities and they are not coming to the
Town at the last minute looking for a handout. The TGIF has received $11,500 in
grant funding but is experiencing a significant shortfall since they need to pay staff
compared to operating with volunteers in the Western County. They have
established an estimated $30,000 budget but expenses out~veigh available funds.
David Whim, TGIF Board member, said that the organization is at a turning point
and joined Kay Teel in a plea for financial assistance from the Town to provide
continued counseling services for members of the Truckee community in need of
such services. He posed the question, "How much does the community value mental
health service?"
Town Council Minutes
Page 7
Council inquired what type of community fundraising had been done. Mr. Whizm
stated that fundraising has been ineffective and many people in the community may
not be aware of the program.
Council Member Drake commented that he served on the County's Community
Action Board for two years and he understands the need. People in need don't come
back to volunteer help. This is an era of change and TGIF has traditionally been
funded by government, but most governments are in disarray. Truckee needs to be
sensitive and act responsibly to its citizens. The Council needs to review each
application on its merits.
Council Member Eagan stated her opinion that the first issu~ is whether the Town
involves itself in social services; and, 2) the second issue is e~tablishing criteria for
evaluation in spite of a genuine need such as TGIF.
Mayor Cross said that the Town's first priority is public safety and infrastructure as
the second priority.
It was the Council's consensus to regretfully deny the request until the Town has
established policy for this type of funding request.
Council Member Carpenter re-entered the meeting.
9.2
Librenz Fee Waiver Request. Community Development Director Lashbrook
reviewed the recommendation to allocate General Fund monies to offset the actual
cost of processing this application. Mr. Lashbrook then discussed the subject
property location on the south side of Donner Lake, and noted that the applicant is
desirous of donating a 32-acre block of land to the Truckee Donner Land Trust upon
completion of a reconfiguration of a County approved tentative parcel map (PM92-
16). Mr. Lashbrook stated that Mr. Librenz (applicant) is requesting a waiver of the
actual cost of processing this amendment which is estimated to be a $1,000-2,500
cost to the General Fund. Mr. Librenz' request stems from the proposed land
donation to the Trust resulti~ng in public benefit associated with lands offered for
public use. [ }
Council Member Drake commented that the Council should review each case on its
own merits, and the public benefits to the community in this case is quite clear.
Council Member Eagan generally supports the idea, but expressed concern for the
following reasons:
the General Plan has not been adopted;
guiding policies not yet established;
use of General Fund monies;
timing of the request;
no condition on applicant paying the fees if donation to the Trust
does not happen.
Town Council Minutes
Page 8
8.4
8.2
Mayor Cross expressed concern about spending General Fund monies for this request
when the Council just denied an equally beneficial cause on Agenda Item 9.3 without
having policy in place.
Dan Wendin spoke on behalf of the Truckee Donner Land Trust, and urged the
Council to push for implementation of the suggested policies. He gave a broader
description of the property location and accompanying benefits to the public. He also
mentioned that the Town needs to send a signal to the community regarding the
Town's position for these types of requests.
Council Member Carpenter noted that Truckee incorporated primarily for road
improvements and land use decisions, and he felt the Council would be shortsighted
if the Council did not proceed with this request. Council Member McCormack
concurred. However, Mayor Cross noted that although he is very supportive of the
Land Trust, the Town cannot use General Fund monies to pay fees for a private
organization.
Council Member Drake stated that he believes the Council is becoming more and
more of a bureaucracy with each meeting, and moved approval of the fee request
with the condition imposed by Staffthat the applicant enter into an agreement with
the Town for payment of processing fees if the land donation to the Trust is not
completed prior to the expiration of the tentative map. Council Member Carpenter
seconded the motion for discussion and asked Council Member Drake if he would
consider amending his motion to hold the deposit until the policy discussion is held.
Council Member Drake's response was no. The motion failed four to one.
Council Member Carpenter moved to follow Staff's recommendation with the
condition that the Town holds the deposit until the policy discussion is held and
if a decision is made that the Council cannot support this subject request, that
the deposit is not returned, and if the land does not go to the Land Trust, then
the applicant must pay the Town the cost of processing the application. Council
Member Eagan seconded, and the motion passed three to two with Council
Member Drake and Mayor Cross dissenting.
Visual Preference Survey was taken by Council and Staff in attendance. Results will
be included in final tabulation which will be reviewed at a public meeting on
August 4, 1995, 6:00 PM at the Recreation & Park District. Planner Elizabeth
Eddins conducted the survey on behalf of the Community Development Department.
Fire District Impact Fee Implementation Agreement. Director Lashbrook reviewed
with Council the four (4) major points of the agreement. They were:
.. prohibition of expenditure of impact fee monies on facility
construction until the agreement is modified;
.. requirement that the Fire District submit an annual report sum-
marizing fees collected and expended. The initial report is due
Town Council Minutes
Page 9
8.3
9.1
March 1, 1996 and annually thereafter;
.. allows termination by either party without specific cause upon
90 days notice to the other party;
.. inclusion of a hold harmless clause.
Mr. Lashbrook further stated that the fees become effective July 18, 1995, but not on
building permits issued prior thereto. No final inspection would be done until the
subject fire mitigation fees are paid.
Council Member Carpenter moved to adopt the Implementation Agreement
with minor wording changes as discussed. Council Member McCormack
seconded, and the motion passed four to one, with Council Member Drake
dissenting.
Council Member Drake made the following statement: "I have made my feelings
known on this subject before, and I acknowledge and applaud the Fire District's
recent decision not to impose their independently approved $52.80 parcel assessment
this year. However, I still believe that neither the assessment nor the mitigation fee
is necessary to maintain the current excellent level of service. I continue to believe
that these services are primarily to increase and enhance ambulance service, not to
improve fire protection services."
Prevailing Wage Policy. Public Works Director Lander reviewed his Staff Report
for Council noting that the general issue of concern has been related to who is
providing funding for public works projects. Other Charter cities in the State have
taken the position that if the "public project" is locally funded, then that project is not
subject to state or federally defined prevailing wage, and that is the position being
recommended by Staff.
After a brief Council discussion, Council Member Eagan asked if any of the Town's
pending projects would interfere with implementation of the wage rate ordinance.
Town Manager Wright said that urgency language would be included in the
ordinance upon second reading thereby making it effective immediately upon
adoption. The accompanying resolution will be adopted upon adoption of the
urgency ordinance.
Council Member McCormack moved to introduce the Ordinance Amending
Chapter 3.13 of the Municipal Code Adopting Local Prevailing Wage. Council
Member Eagan seconded, and the motion passed unanimously.
1995-96 Annual Operating Budget. Town Manager Wright noted that the Council
spent time in several budget workshops reviewing the Budget document. This year's
proposed budget allows for conservative expenditure and revenue projections
including further funding of reserves as directed previously by Council. The Budget
also includes increased road maintenance funding this year. This is a $11.3 million
budget package.
Town Council Minutes
Page 10
Council Member Drake moved adoption of the budget, with Council Member
McCormack providing the second, and the motion passed unanimously.
George Robertson, Glenshire resident, questioned the Tahoe-Donner CIP figure of
$176,000 being taken out of the General Fund, but nothing for Glenshire. Public
Works Director Lander clarified the issue by stating that some of the Tahoe Donner
work to be performed lies outside the subdivision boundaries on Alder Creek Drive
and Schussing, and therefore qualifies for a General Fund expenditure. Mr.
Robertson congratulated Finance Director Jill Brown on "a beautiful piece of work".
9. MATTERS OF INTEREST TO COUNCIL MEMBERS. None
11. ADJOURNMENT. Mayor Cross adjourned the meeting at 11:25 PM.
Approved this 20th day of July, 1995.
Town Council Minutes
Page 11