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HomeMy Public PortalAbout2017-09-12 =WETOWN OF TRUCKEE MP TOWN COUNCIL REGULAR MEETING MINUTES e, 6 009 September 12, 2017, 6:00 p.m. "adzsea zo„pTown Hall -Administrative Center 10183 Truckee Airport Road, Truckee, CA • 1. CALL TO ORDER— Mayor Goodwin called the meeting to order at 6:00 p.m. 2. ROLL CALL: Council Members; Flora, Tirman, Abrams, Vice Mayor Wallace Dee, and Mayor Goodwin. Staff Present: Kirk Skierski, Assistant Planner; Kerry Taber, Code Compliance Officer; Scott Mathot, Assistant Engineer; Nicholas Martin, Administrative Analyst II; Dan Wilkins, Public Works Director/Town Engineer; Jeff Loux, Community Development Director; Kim Szczurek, Administrative Services Director; Andy Morris, Town Attorney; and Judy Price, Town Clerk. 3. PLEDGE OF ALLEGIANCE—led by Jim Winterberger. 4. PUBLIC COMMENT—none. 5. PRESENTATIONS 5.1 Town Manager Update. No Update provided. 5.2 Announcement of the Employee Incentive Awards. Kyle Vickers, Brett Heath, Erica Mertens, Melanie Conti, Bret Albert, Jack Weir, Johnny Bias, Tom Pratt, Stephanie Klenck, Nick Heil, Janet Ravey, Brianna Walsh, Kirk Skierski, Rosie Johnson and Karolina Scarcia were recognized for receiving Employee Incentive Awards. Mayor Goodwin opened the presentation items to public comment. Seeing none, Mayor Goodwin closed public comment. • 6. CONSENT CALENDAR It was moved by Vice Mayor Wallace Dee, and seconded by Council Member Flora, to approve the Consent Calendar Items as follows: 6.1 Approve the Minutes of August 22, 2017 Regular and Closed Session meetings. 6.2 Adopt Resolution 2017-50 requesting Nevada County Transportation Commission • allocate $136,000 in Regional Surface Transportation Program funds to the Envision Donner Pass Road Corridor Improvement Project — Phase 1 Capital Improvement Project C1407. Town of Truckee September 12, 2017 Town Council Regular Page 1 The Consent Calendar carried with the following vote: Ayes: Vice Mayor Wallace Dee, Council Member Flora, Council Member Abrams, Council Member Tirman, and Mayor Goodwin. Noes: none. Absent: none. Abstained: none. The motion passed unanimously. 7. DISCUSSION ITEMS 7.1 STAFF REPORT — Truckee Chamber of Commerce Community Promotion and Marketing Annual Report and Truckee Tourism and Business Improvement District Annual Report. Recommended Action: 1) Accept Truckee Chamber of Commerce Community Promotion and Marketing Annual Report; 2) Approve Truckee Tourism and Business Improvement District (TBID) Annual Report; and 3) Approve earmarking the $43,000 repaid TBID formation loan for place-based marketing and district staff, in collaboration with Chamber, to bring a specific project(s) to Council for approval. Hilary Hobbs, Management Analyst, presented from the staff report (presentation on file with the Town Clerk). Ms. Hobbs introduced Lynn Saunders, Executive Director, Truckee Chamber of Commerce. Lynn Saunders, Executive Director, Truckee Chamber of Commerce, introduced Board Members Pam Hobday, Chair, Tally Meek, Kelly Wallis, John Manocchio, and Tanya Beyer; the Chair of the TBID Board Jim Winterberger; and staff members Ruth Geresy, Megan Heinz. Ms. Saunders stated the contract with between the Truckee Chamber and the Town of Truckee has made significant shifts to economic development and includes matching funds requirements. Truckee Tomorrow is continuing and will be presenting future plans to the Council in the near future. Colleen Dalton, Marketing and Communication Director, Truckee Chamber of Commerce Annual Report presentation (on file with the Town Clerk). Council Discussion: • The TBID committee is considering funding turf fields: o The recent Lacrosse tournament had to scrap together fields. o According to form Truckee Donner Recreation and Park District (TDRPD) staff member Dan O'Gorman, turf would extend the season by 20%. • The TBID would potentially be looking for matching funds. • Jim Winterberger: o There is a budget bucket that could assist in funding fields or theater. • The TDRPD, and he as parent, see the need for field space. o If tourism can pay for something town needs, it is mutually beneficial. • Promoting low impact, high yield events like Lacrosse. o Other items include increasing the size of the hockey rink. o They are seeking Town's direction on what would work. Town of Truckee September 12, 2017 Town Council Regular Page 2 • Lynn Saunders: • I o Staff will work with the Chamber on a presentation time for Truckee Tomorrow. • The actual revenue to TBID outpaced the budget figures. The budget was conservative. o TBID staff worked with Kim Szczurek, Administrative Services Director, for a more accurate estimate for the Fiscal year 2017-18 budget. • The Town's visitors sub-committee could help determine the best projects for the $43,000. Mayor Goodwin opened the item for public comment. Jessica Carr, Program Manager for Sierra Small Business Development Center at Sierra Business Council, spoke about the strong mutually beneficial relationship between the Sierra Business Development and the Truckee Chamber, including working together on Knowledge Bites and encouraging Chamber membership. Mayor Goodwin closed public comment. Council Discussion: • The returned loan funding could dovetail in to help with public art projects to the benefit of the Art and Cultural District and tourism. • The Town could revive the Council subcommittee on visitors. • Council may want to hear the recommendation from the Chamber for these funds. The staff recommendation was moved by Vice Mayor Wallace Dee, seconded by Council Member Tirman, and adopted with the following vote: Ayes: Vice Mayor Wallace Dee, Council Member Tirman, Council Member Flora, Council Member Abrams and Mayor Goodwin. Noes: none. Absent: none. Abstained: none. The motion passed unanimously. 7.2 STAFF REPORT — Cooperative Agreement with the Truckee Fire Protection District to jointly execute a Wildland Fire contract with Cal Fire to assure the availability of State resources to fight wildland fire within the Town of Truckee. Recommended Action: Adopt Resolution 2017-51 authorizing the Town Manager to execute jointly with the Truckee Fire Protection District the Wildland Fire Agreement with Cal Fire for Fiscal Year 2017-2018 to provide wildland firefighting resources within the Town of Truckee in the amount of$207,402. Judy Price, Town Clerk, presented from the staff report (presentation on file with the Town Clerk) and introduced Bill Seline, Truckee Fire Protection District Fire Chief. 1 Town of Truckee September 12, 2017 Town Council Regular Page 3 Bill Seline provided information on local fires this year, contract negotiation details, and activity of Truckee Fire with property owners in partnership with Cal Fire. Chief Seline explained the significance of the relationship with Cal Fire, and introduced George Morris Ill, Unit Chief for Nevada, Yuba, Placer Unit Cal Fire. Unit Chief Morris introduced Deputy Chief Brian Estes, Operation Chief for the unit; Division Chief Joe Ten Eyck, South Division Operations; and Truckee Battalion Chief Brian Farrell. Mayor Goodwin opened the item for public comment. Seeing none, Mayor Goodwin closed public comment. Council Direction: • Staff would also recommend that the amount under anticipated costs ($9,500) be set aside to address increases in the future. The staff recommendation, with the amendment above, was moved by Council Member Flora, seconded by Vice Mayor Wallace Dee, and adopted with the following vote: Ayes: Council Member Flora, Vice Mayor Wallace Dee, Council Member Abrams, Council Member Tirman, and Mayor Goodwin. Noes: none. Absent: none Abstained: none. The motion passed unanimously. Mayor Goodwin adjourned for a brief recess at 7:15 p.m. Mayor Goodwin re-convened at 7:20 p.m. 7.3 STAFF REPORT — Ongoing Discussion on Policy Framework for Cannabis Regulations. Recommended Action: Provide direction to Town staff regarding the development of cannabis regulations for commercial use within the Town of Truckee. Jenna Gatto, Senior Planner, presented from the staff report (presentation on file with the Town Clerk). Council Discussion: • State license Type 10M and 12M or A. o Type 10 is retail operation. o Type 12 is for microbusiness. o "M" is for medicinal. o "A" is for adult use. 1 Town of Truckee September 12, 2017 Town Council Regular Page 4 • There are other license types but staff researched those based on Council ' feedback. o Educational information. o Could the Town raise the age requirement in commercial use to 25 — it is uncertain, but probably not. o It may be possible to regulate or preclude edibles or concentrated products. • Temporary moratorium will require four (4) Council votes. o Council could set a temporary moratorium for varied lengths of time. • Current existing medical card holders may not be grandfathered in. o The old card holders would need to reapply. • Property precluded map. o Not considering all licensed child care centers. • State code defined as Daycare centers. • Staff does not know the vacancy rate of commercial vacancy within the 5,000 to 10,000 foot range. • Under the microbusiness model, the State set the requirement for under 10,000 square feet. o The Town could reduce that since the limit it is up to but not greater than 10,000 square feet. • Staff has concerns that there is not a lot of property zoned for manufacturing in Truckee. There are ebbs and flows in our commercial vacancy rate. • SB 94 Medical conditions: o It will be far more difficult for folks to get medical cards in the future. • Quantifying the black market in Truckee is likely to be speculative with no solid figures. o Up in the air because we are not fully aware of the full adult use period • The future is very speculative o Black market in California related to the national level: • California has been in this for 20 years. • It has not been heavily prosecuted for some time, allowing the business to thrive. • California companies are on the cutting edge and have brand recognition. This makes it marketable at a State level. • If there is three times the amount of marijuana produced in California than is consumed here, it makes California a major player in the export business to states that have heavy cannabis regulation and law enforcement. o California's decriminalization of cannabis and the inherent fear/dislike for law enforcement means that not all producers are likely to want to be permitted. o There are local cannabis industry professionals that would like to reduce the black market locally. o Black market cannabis producers will profit from the higher prices out of state, and not submit to the regulations and environmental mitigation costs. • Seed to sale enforcement or oversight: o State has an agency for oversight that may be similar to the Alcohol Beverage Control. o There is still local responsibility and potential grant opportunities. Town of Truckee September 12, 2017 Town Council Regular Page 5 o There is a Federal Court 10th circuit case base do a private RICO case • Colorado neighbors filed a private RICO action. • A case from the sheriff's office was rejected. • Court no private right to enforce the supremacy law. • Could be private RICO action that trumps State law. Mayor Goodwin opened the item for public comment Written Comment Received from: Anthony Sacaceno Caroline Ford Christine Villaman David Geacomini Diana Vincent Janet Mendelsohn Jeff Naughton Jennifer Barnaby David Abarta Joan Sarlo Lisa Holan Melody Monk Michael Barnaby P Tanzy Maxfield Peter Schleifer Rolf Godon Tahoe Herbal Care Petition Green Trees Wellness Petition Alexandra Irons, Royal Crest Cannabis, urged Council to let the cannabis industry remain in Truckee. • Provided anecdotal information regarding their local business and expressed fear over a ban of the local cannabis industry. • Legal cannabis businesses do not want to sell weed to your children, kids cannot buy cannabis from a litigate business but they can purchase form an illegal drug dealer. Jon Holan: 111 • Stated she voted for decriminalization and not against cannabis use. • Expressed concerns about unrestricted impact on commercial real-estate asserting that recent inquiries into commercial areas to grow and distribute cannabis are impeding the Tahoe Food Hubs opportunity to rent space. • Requested Council wait to see the impacts in other communities. • Asserted that many parents could not attend based on Back to School night at Glenshire Elementary School. Jacob Villaman: • Stated he is a 17 year old Truckee resident. • Provided anecdotal information regarding his experience with his friends using cannabis. • Urged Council to consider not putting in cannabis in stores: o Many of his friends have fake ID's and they are common. o It will increase the culture. o It will provide more access. Nicolas Villaman, Jacob's brother • Also provided anecdotal information regarding his experience with friends use of cannabis • Stated it will take a lot away from them living healthy lives in the Tahoe area. Town of Truckee September 12, 2017 Town Council Regular Page 6 Grant Sacks, father of two, resident of Truckee: • High per capita number of growers in Truckee as a result of Prop. 215. • Senate Bill 94 has created a legal pathway for grey and black growers to become legal. • Concerns regarding Oregon's approach which lead to over 70% of their cannabis leaving the state as illegal sales. • Provided anecdotal information regarding the pricing of cannabis in other states. • Urged Council to provide a pathway for cultivation. • Banning will not eliminate cultivation only send it to the black market. o Compliance measures that currently exist for quality and seed to sale will be lost. • Pesticides regulated at the Federal level and cannot be regulated at the state level. Caroline Ford, Chair of the Tahoe Truckee Future Without Drug Dependence Coalition, • Read from written comment, on file with the Town Clerk. Corey Leibow, Truckee resident, serves on the Finance Committee of the Tahoe Donner Homeowner Associations, and is part of Dave Abarta Green Tree organization: • Stated, based on the voting record of Truckee constituents on cannabis legislation, it is difficult to believe Council voting for a ban. o For business reasons all except Options 3B and 3C would be unacceptable for local businesses. o Mr. Lebau and Mr. Abarta have a three year business plan that considers only the ability to have a medical and recreational dispensary and deliver service in Town. Without this model, local business will fail. o Stated the result will be corporations coming in to gain a foothold (at a loss) in Truckee until recreation is allowed. o Hoping Council does not ban cannabis. • Urged Council to look at the ramifications of medical only. o Spoke in support of Mr. Abarta (Green Tree) as a local business owner. o Stated he has raised two kids in the community and they are educated on cannabis and they are socially and professionally successful. Tyler Ross, raised in Truckee, Owner of Play Date Preschool, and a School Consoler by Profession: • Stated he is in to the heartbeat of the schools youth and is an adolescent male development trainer at Alder Creek Middle School and a partner in Link Crew at the Truckee High School. • Express concerns regarding: o Access to medical marijuana. o The effect on real estate values, based on what Truckee looks like. • What schools are like, is it an active community. • Youth is more accepting of cannabis. • Urged Council to consider not just day care facilities but all the in-home child care facilities. o Incorporate as many in-home facilities as possible in the regulation. 1 Town of Truckee September 12, 2017 Town Council Regular Page 7 Andy Hill, community member • Stated previous public comment asserts that people are opposed out of fear; he articulated that they are doing it out of wisdom - not fear. • Stated young people are in sticky situations because of use. Replace the word fear with wisdom. • Previous comments concerning crossing state lines because of fear of Federal law—the use of marijuana is against Federal law in the first place. o If purchased in California would users never take it to Reno? • Questioned since it is against Federal law and Council agrees to regulate it; is there consequences for Council? • So often you hear about the harmlessness; if this is true, why are there five marijuana recovery programs here. Bill Hudson, Tahoe Donner resident: • Stated there is a long standing day care close by with dozen kids in it. The definition should expand to cover it. • Jacob and Nichol's comments motivated him to speak- it is a reality of what this is. • Provided a description of a potential scenario where recreational users use the bag from the medical dispensary to re-package black market cannabis at a lower cost. • Stated it is not a good choice to create a new industry in our Town. • It is good to vet this issue from both sides. • Stated it is not the next gold rush for a 2% tax credit. Diana Gamzon, Nevada County Cannabis Alliance: • Stated a lot of the impacts heard tonight are real, it is a powerful medicine with the potential for abuse. • As we move into the regulatory approach, consider a mind shift to regulation. o With SB 94 and new State regulations this is a very regulated industry with security measures, with track and trace, marketing, and quality. • Significant issues in Truckee. o Commercial grows in grow houses in Truckee is a problem, if not with regulation, how are we solving the problems? o How would a ban or regulation solve the problems? o Without a place to go for manufacturing, it will continue to be manufactured in residential areas. • The Nevada County Cannabis Alliance is working on education, meeting the new principal of schools Scott Lay and various organizations for the purpose of education. o Working with Nevada City and Nevada County, they want to do this regulated and responsibly. Brad Farmer, local Truckee homeowner: • Quoted from a Quinnipiac National Poll that stated over 90% of Americans nationwide believes medical marijuana should be legal and over 70% believes recreational should be allowed. • It is time to quit hiding this, California laid out well-regulated solid rules. Town of Truckee September 12, 2017 Town Council Regular Page 8 • The Federal government extended the protections for medical marijuana 111 through December. • The new pesticide regulations will benefit everyone: o The new regulations will be environmentally responsible. o Hard core growers are trying to get licensed. o Black market growers will not go away without regulation. • Recommended Council go with 3C, this community deserves to explore the opportunities and bring good jobs to the town. Daniel Wittlinger, Truckee resident, stated he is representing one of the many cultivators here in Truckee: • Stated he probably knows more than 20 homes, with four or five bedrooms, with grows, which have one person living in them that could be used for a family. • If there is no safe regulated non-residential opportunity provided for growers, how will the housing crises get any better? • People will not stop growing. • Urged Council to provide regulated opportunities for a growing business and limit the black market. Hardy Bullock, Truckee resident, Tahoe Truckee Future Without Drug Dependence Coalition • Remind everyone that this discussion is about commercialization in our community and not access to cannabis. o At the last meeting — we are not talking about limiting or removing , freedom to access, grow, and use personally. • Would like Council to discuss: o Questioned the criminal activity post legalization in Colorado. • What does it mean for law enforcement and social services? o Questioned the continued illegal element after legalization, based on discussion with Nevada County District Attorney, Cliff Newell. o Alcohol is legal, how much time and effort is put into enforcing the laws around consumption, drunk driving and domestic abuse; just because it is legalized doesn't remove all of the criminal elements associated with the effects of the substance. Alysha Ray stated she has been cancer patients and medical marijuana patient since 2011: • She had no option but to seek alternative treatment. • Having a store front will be more convenient for her to select her medicine between doctor appointments. • She does not have the space or time for self-cultivation. Charles Willett, Founder Tahoe Honey Company: • Spoke in support of fair and regulation recreational use that is safe and taxed o Supporting option 3C. • Stated there is a common thread in the arguments to ban recreational cannabis in Truckee. To dispel these arguments: o Cannabis is a gateway drug — quoting form national organizations this has been disproven. Town of Truckee September 12, 2017 Town Council Regular Page 9 o Recreational cannabis available in Truckee will lead to increased use of cannabis among Teens — quoting from a Washington Post article teen use in Colorado in 2014 and 2015 decreased. • Recreational marijuana is legal in Nevada and California our teens will be exposed to it, isn't it better for us to control the narrative. • We need to education and inform the community rather than unsuccessfully hiding it. • Have faith that the youth will listen to the logical reasons why not to use cannabis until they are older. • Mr. Willits and his counterparts pride themselves on operating within the law and want to improve the quality and service by providing safety in every aspect of their operations. This is why the collective is working with the Town. Rebecca Gasca, Founder of Pistil and Stigma: • Provided information regarding the company's mission, accomplishments and services. • Worked with Cannabis business nationally on compliance related issues. • Urged Council, absent a ban, to allow testing laboratories. o Testing labs will need to come onsite and for sampling and quality control. • Regarding a comment regarding edibles — it is important for medical cannabis patients to be able to consume edibles. o The state has best practices for packaging and labeling to prevent overdosing. o Increasing industry trend limiting micro-business, THC's. Chris Schulman, Grass Roots Collective: • Regarding the number twos of the spectrum of the menu: o Medicinal only, while well intentioned, is not feasible. o It will invite large organizations to wait out the restrictions until recreational is allowed. o Black market is not working, drug dealers do not discriminate on age or quantity limits. o A well-regulated, well thought out, cannabis industry is desirable for customers. o Well located, well lit, and safe locations are desirable. o We want local business to stay here in Truckee. Chris Hinkle!, local resident: • Questioned cannabis dialog survey showing that 65.73% in favor of allowing recreational retail storefront. • o Quoting results from Marijuana propositions support and proposing percentages. o Questioned how Council will apply the community position of support for marijuana into their decision making. Tanzy Maxfield: • Talking about not bringing this business in, banning cannabis, but are ecstatic about having wineries, distilleries, and a new bar. Town of Truckee September 12, 2017 Town Council Regular Page 10 o Provided anecdotal information regarding the Truckee Thursday's event 111allowing kids into the bar area, while identifying issues with teen drug and alcohol abuse. o What is the message about banning cannabis and allowing alcohol? • Marijuana has fewer negatives to it. • Confusion regarding allowing our kids to see us drink and see it okay, then picking on marijuana. • Marijuana being proposed for used by those over 21. • Stated she is pro cannabis. Jeffery Naughton, Tahoe Meds, read from public comment on file with the Town Clerk Peter Schleifer, Truckee resident: • Stated he strongly supports the regulation of medicinal and adult use cannabis. • Stated the votes in favor of cannabis cannot be overlooked. • Quoting from a National study, teen use is at a 20 year low despite the concerns. • Getting it out of shadows allows open discussion among parents and teachers to education youth in the same way they do alcohol. • This will be a better than the scare tactics being used by many. • Truckee is a pioneer town, to say this emerging industry does not fit the town's image seems like a mistake in light of Truckee voting for cannabis several times. David Abarta, Green Tree Wellness President, read from written comment on file with the Town Clerk. Jennifer Barnaby read from written comment on file with the Town Clerk. Michael Barnaby read from written comment on file with the Town Clerk. Jeanne McCarthy, McCarthy Sign Company: • Stated she moved here in 1978 when she moved here it was beautiful, small and quaint, it was a hippy town and marijuana was rampant. • Asserting that the local judges, attorneys and some doctors use marijuana. They and their children are successful. • Stated confusion over the zoning that has been discussed. o Stated that Mayor Goodwin said he didn't think there was a problem with having cannabis at Donner Lake. o On previous discussion neighborhood commercial areas were removed (which is where she is located). o Stated she would like her building to become part of this program. o She supports medical dispensaries and her building is 7,000 square feet with apartments, retail and neighbors. o Asserted that every commercial area in Truckee has a neighborhood behind it. • Stated she wants Council to be responsible and stop the black market, keep these local business people. • Stated she is not a user but family members with cancer have. Town of Truckee September 12, 2017 Town Council Regular Page 11 Jonathan Collier, California Growers Association Board Member, the Nevada County Cannabis Alliance, and the Nevada County Community Advisory Group: 111• Interesting to hear that this is an experiment when many states and municipalities are doing it and the past 40 years of prohibition have failed. Continuing the experiment will continue the negative impacts. • Urged Council to look beyond that and look at controlling this. • The treatment of this as second class citizen. Because of use, they are at risk of losing family, friends and business. There is a civil rights aspect to this. • Stated as the County is moving towards this the Town is liberal move backward. • Look at the residents that voted for this and the business want to move forward, we continue to penalize the good businesses while rewarding the black market. • In addition to the business the over 65% of people that want to allow access. o Traveling to Reno is a good distance. • Youth access any business is careful about youth access referencing a new study. Ray Villaman: • Hearing both sides and the difficulty of your decision tonight. • The challenges of public debate of such a topic as cannabis. o Directionally where could we go to support the Town moving forward? • Each meeting brings more questions and concern of the accuracy of the percentages being mentioned. • Cannabis is here, it has its place, six plants in a house, and they get that. o Learn from Oregon and Colorado, South Lake Tahoe has implemented a moratorium based on the recommendation to move extremely slowly. The Hospital and School are recommending moving slowly. Police believes it is difficult to enforce in this new world. o There will be some level of regulation, but where is the enforcement. Alexandra Spychalsky Truckee resident: • Spoke regarding the two Villaman boys courage to speak. o These are not the kind of anecdotes anyone wants to hear. o To draw the connection between their friends use and is caused by the growing permissiveness and dispensaries is misguided. o Ms. Spychalsky has a journalism background and that leads her to look beyond the initial gut reaction and seek for the origin and facts. o The issue they raise is likely correlation and not causation. • Their age is the driving factor over the access or culture in Town. o Urged Council to use critical thinking to get to the root when you hear anecdotal information. Christine Villaman: • A reminder of what we have heard from portent Community Members, representing kids, schools, hospital, Richard Anderson, Nevada County 5th District Board Supervisor urging a ban. • Reminder weighing business interest versus public health. Business interest should never be put before public health. o We make decision with people in mind not the bottom line. o It is not worth something that has potential harm on people. Town of Truckee September 12, 2017 Town Council Regular Page 12 o There is a reason for the ban around the lake and South Lake Tahoe ' after potentially hearing the same arguments you have heard here. • References made to Proposition 64, the proposition was to decimalize it not necessarily to have cannabis dispensaries in their town. Alison Bermant, Criminal Defense Lawyer and Truckee resident: • Stated facts from Nevada County Elections office: o Quoting the title of the voter information guide "The control, regulate and tax adult use of marijuana act: • Truckee votes: 5299 Yes, 2643 No. • Senate Bill 94 o She has not located the answer posed about the Proposition 215 card expiration. o Based on her experience she does not believe that cards will expire on January 1st, but if your card expires on March 1st you will likely not be able to a 215 shop and get a card. o There are three state agencies that will oversee cannabis control. All three have the authority over cannabis business and activity. o Strongly encourage the Town to vote in favor of 3C. Agustin Ayala: • Referenced the Truckee Way on the Town's website. o Not clear that Council was partnering with any of the 74% people that voted against Measure W or the 64% that voted yes on cannabis, control, ' regulate and tax adult use cannabis. o The voters did not simply ask you to decriminalize cannabis. o Stated 64% of the people feel very disrespected by the thought of Town Council banning the industry. o Children are very important, but where was the consideration with the approval of 107 alcohol licenses here in town. Approximately 50% of the courts criminal calendar is alcohol related. There has not been that much with cannabis and it has been here. • Every 25 seconds a child is hospitalized for sports injuries. • Asserting that these are based on school activity. • There are 34 cases in Colorado in four years related to the irresponsible parents leaving cannabis product unattended. o Of every 1000 calls to the poison control center six are related to cannabis. Mayor Goodwin closed public comment. Mayor Goodwin adjourned for a brief recess at 9:24 p.m. Mayor Goodwin re-convened at 9:37 p.m. Council Discussion: • Advertising rules, there are 44 bills pending in the legislature and if pass would restrict advertising. • Preventing edibles from falling into the hands of children. • The 1st amendment will prevent Town from restricting advertising. Town of Truckee September 12, 2017 Town Council Regular Page 13 • Town policy look at keeping the advertising classy; Staff can research and present alternatives. 111• Staff stated there is no recourse to Council for regulating cannabis. • Official daycare centers versus other child care centers. Town could regulate daycare centers and define it for Truckee. • Does Council have the latitude to provide a local preference in the selection process? o Existing business preference. Staff stated you cannot discriminant it would be difficult to provide local preferences. o Contractor local preference low bid — allowed calculation of tax money coming back to the community from local contractors. • Council could not put into place regulations to prevent large corporations to take over existing shops. • If a daycare center moves in after a cannabis business is located they will likely not be required to move. The daycare would be on notice that the cannabis business already exists. • There is a fair amount of latitude given to the Town to limit the number or create criteria for acceptance of cannabis business. o Local ties might be one factor as part of the decision making process. o Preference to those that were already operating illegally? • Regarding the black market cultivation in Town. Cultivation is prevalent in our community. o Grow houses versus a garage or a room. o The number of grows is unclear. o Enforcement is a national issue and needs to be addressed • Drive out the black market will only work if law enforcement can pursue and prosecute illegal activity. o Sierra County, Placer County and South Lake Tahoe have all banned commercial cannabis. The black market is surrounding us. o The local businesses here also want to eliminate the local black market. o Cannabis grown in a residential home will not be able to sell to a dispensary. • Can Town regulations increase to provide more law enforcement ability to purse illegal grows. o We need to manage expectations. Do we pursue eight plants versus 100 plants? Deliberation: • The businesses make a plausible case that medicinal only is equal to a ban. • Regulation is the best way to keep it out of the hands of children. • Mayor Goodwin has not changed his opinion. • David Tirman disclosed meetings with John Falk, Karoline Ford, Eileen Knudsen, Christine Villaman and sons, Jennifer Barnaby, and David Abarta. • Council Member Tirman opinion is evolving. o Two weeks ago — accommodation for medical needs. Concerned that medical access may get altered with new regulation. o Will need more information on this issue prior to a decision. o Limit access to youth. o Recognize the reality of the black market in Truckee. o Regulation is probably a path forward. Town of Truckee September 12, 2017 Town Council Regular Page 14 o Concern regarding an outright ban. o Not looking to take away personal freedom. • Vice Mayor Wallace Dee met with dozens of community members that said: "We voted for this for use by our friends and family, not want dispensary in Truckee." o Difficult protect those with medical need. o Regulation will not solve the black market when we are surrounded by banned areas. • Council Member Abrams appreciate the respect: o Opinion has not changed tremendously. o Decriminalize versus commercialization in the community. o Regarding the fear response: a healthy amount of concern about inviting this into our community is prudent. o Regarding teenagers use in Colorado we can find studies that show anything we want them to show. o Have a voice for what's best for the community. o Allowing as much time as we can to avoid unintended consequences: • Don't know what the medical needs will be and if we are ready for it. • Don't know what the law enforcement needs will be and are we prepared. • Council Member Flora: o Not going to vote for an outright ban. • Opposed to an outright ban was settled by voters. o Voters have decided the moral decision so Council decision is just a land use decision. W o We are not going to eliminate the black market. • Town should exercise any power we have over the black market. o Preventing an increased use by teens is number one goal. o A ban or no commercial will not get us to a better place. • More we can do to regulate it and control it will be more beneficial than doing nothing. o Truckee has consistently voted in strong support. o He does put some weight into the survey. o We need to do what's best for the Town. o Having gone to a testing facility in Reno, cannot see why we would eliminate this business type in Truckee. o Limited and small commercial square footage 10,000 is more than we need and multiples would be more than we need. • His opinion has not changed. o Mayor Goodwin • Jon 10,000 versus 5,000 and 3,500 we need to know what this would look like. • Micro business is aligned with what we need in Truckee. • This is the kind of business that Truckee is good at promoting. • Truckee produces a great deal of marijuana now. • Truckee grows with renewable energy from the Truckee Donner Public Utility District (TDPUD). Away from schools and parks. . • An industrial out of the way place doing its business. • Regional economy opportunities. Town of Truckee September 12, 2017 Town Council Regular Page 15 • Truckee was an industrial mill town — it is what set this community apart with real people doing real business — we don't need to 111 follow the lake. We can be classy in a limited way in Truckee. • We will be able to do more to keep our kids safe and educate them to responsible adult use. • 3C is most responsible and in line with the community goals. • Taxation may be a worth discussing prior to allow the use o General tax majority approval. o Special tax 2/3 voter approval. o Putting time or energy into taxing a limited number of businesses. o Very limited amount of revenue will be recognized. • We cannot charge a fee that pays for education that is considered a tax. o Not considered to be enough revenue. • Council Member Tirman: o Open to consider regulation from 2A to 3B recognizing significant changes to medical cannabis law. o Testing lab makes sense. o Increase separation and include parks. • Separation issues: o Council Member Tirman increase separation and include parks. o Council Member Abrams questioned our ability to see where all the child care facilities are. o These maps identify property lines not building area. • There should be additional consideration for building proximity versus property lines. • Parks are in (Council Member Flora) o Morgan okay with the 1,000 feet issues with the property line. • At 1,000 and Truckee specific on parcels could meet the states 600 foot test. o Include the child care facility of Freitas Lane. o Eliminating all residential commercial zones. o Adding Homeowner Associations pools and facilities. • Council will need to implement a moratorium to stay the clock until solutions and decisions can be made. o The moratorium is to allow more time to get this right not extend indefinitely. • Staff will return will additionally refined recommendations based on Council comments. Mayor Goodwin adjourned for a brief recess at 11:03 p.m. Mayor Goodwin re-convened at 11:10 p.m. Town of Truckee September 12, 2017 Town Council Regular Page 16 ' 7.4 PUBLIC HEARING — Zoning Map Amendment to Rezone Assessor's Parcel Number 19-620-37 from Planned Community to Public Facilities. Recommended Action: 1) Conduct a public hearing; 2) Introduce and waive the first reading, of Ordinance 2017-08 amending the Town of Truckee Zoning Map, rezoning Assessor's Parcel Number 19-620-37 from Planned Community to Public Facilities. Kirk Skierski, Assistant Planner, presented from the staff report (presentation on file with the Town Clerk). Council Discussion: • There is a stockpiling permit allowing some material to be stored on the property for use in construction of the new hangers. Mayor Goodwin opened the Public Hearing asking for anyone wishing to speak in support or opposition to amending the Town of Truckee zoning map, rezoning Assessor's Parcel Number 19-620-37 from Planned Community to Public Facilities. Seeing none, Mayor Goodwin closed the public hearing. The staff recommendation was moved by Council Member Flora, seconded by Vice Mayor Wallace Dee, and adopted with the following vote: Ayes: Council Member Flora, Vice Mayor Wallace Dee, Council Member Abrams, Council Member Tirman, and Mayor Goodwin. Noes: none. Absent: none. Abstained: none. The motion passed unanimously. 7.5 STAFF REPORT — Public Service Center Garages Contract Award to Kappe Architects. Authorize the Town Manager to execute a contract with Kappe Architects in the amount of $253,410 for purposes of updating existing designs for the Public Service Center's Large and X-Large Vehicle Storage Buildings and authorize a 15% contingency budget for a total authorized amount of$291,422. Dan Wilkins, Public Works Director/Town Engineer, presented from the staff report (presentation on file with the Town Clerk). Mayor Goodwin opened the item for public comment. Seeing none, Mayor Goodwin closed public comment. Town of Truckee September 12, 2017 Town Council Regular Page 17 The staff recommendation was moved by Vice Mayor Wallace Dee, seconded by Council Member Tirman, and adopted with the following vote: Ayes: Vice Mayor Wallace Dee, Council Member Tirman, Council Member Abrams, Council Member Flora and Mayor Goodwin. Noes: none. Absent: none. Abstained: none. The motion passed unanimously. 8. COUNCIL REPORTS Vice Mayor Wallace Dee • Highway 89 reconstruction rehabilitation. Mayor Goodwin • Attended the Truckee Pitch Competition. • Attended the Burning Man Conference with the Mayor from Sonoma regarding running for office. Council Member Abrams • Attended Good Morning Truckee. 10. ADJOURNMENT— 11:25 p.m. To the regular meeting of the Truckee Town Council September 26, 2017, 6:00 p.m. at Town Hall, 10183 Truckee Airport Road, Truckee, CA. Approved: Respectfully submitted by: /12 _....41111011111Pre frrt Goodwin Judy is , MMC, Clerk Town of Truckee September 12, 2017 Town Council Regular Page 18