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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