HomeMy Public PortalAbout2017-09-12 =WETOWN OF TRUCKEE
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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
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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.
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September 12, 2017 Town Council Regular
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• 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.
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Town of Truckee
September 12, 2017 Town Council Regular
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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.
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September 12, 2017 Town Council Regular
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• 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.
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September 12, 2017 Town Council Regular
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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.
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September 12, 2017 Town Council Regular
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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.
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Town of Truckee
September 12, 2017 Town Council Regular
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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.
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September 12, 2017 Town Council Regular
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• The Federal government extended the protections for medical marijuana
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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.
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September 12, 2017 Town Council Regular
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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.
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September 12, 2017 Town Council Regular
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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.
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September 12, 2017 Town Council Regular
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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.
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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.
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September 12, 2017 Town Council Regular
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• 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
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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