Loading...
HomeMy Public PortalAbout2017-10-24 TOWN OF TRUCKEE arvkui TOWN COUNCIL REGULAR MEETING MINUTES FS ~" 993 October 24, 2017, 6:00 p.m. 63 - In Town 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: Kerry Taber, Code Compliance Officer; Scott Mathot, Assistant Engineer; Jenna Gatto, Senior Planner; Erica Mertens, Administrative Analyst II; Nicholas Martin, Administrative Analyst II; Denyelle Nishimori, Town Planner; Jeff Loux, Town Manager; Andy Morris, Town Attorney; and Judy Price, Town Clerk. 3. PLEDGE OF ALLEGIANCE — led by David Abarta. 4. PUBLIC COMMENT Council Member Abrams wished her daughter Ava a Happy Birthday. 5. PRESENTATIONS 5.1 Erica Mertens introduced Melanie Conti, Recycling Administrative Technician and Nicholas Martin, Administrative Analyst II, introduced Gillian Greenberg, CivicSpark Fellow. 5.2 Town Manager Update— no updated provided. Mayor Goodwin opened the presentation items to public comment. Seeing none, Mayor Goodwin closed public comment. 6. CONSENT CALENDAR Staff pulled Item 6.3 at the request of the applicant. It was moved by Vice Mayor Wallace Dee, and seconded by Jessica, to approve the Consent Calendar Items 6.1, 6.2, 6.4, 6.5, 6.6, and 6.7 as follows: 6.1 Approve the Minutes of September 12, 2017. 6.2 Authorize the Public Works Director/Town Engineer to purchase two (2) Kodiak loader mounted snow-blowers from Kodiak America for the total amount of $763,898.60, and increase Capital Improvement Project C1811 from $1,220,000 to $1,242,100. 6.4 Waive the second reading and adopt Ordinance 2017-09 an uncodified ordinance establishing subdivision improvement agreement security obligations for the Town of Truckee October 24, 2017, Town Council Regular Page 1 Coburn Crossing project. 6.5 Authorize the Town Manager to enter into an agreement with the Tahoe Truckee Unified School District, for up to three years, to provide Public Educational Governmental Television Services and video streaming of Town meetings. 6.6 1) Authorize the Town Manager to enter into a contract with Mark Thomas & Company in the amount of $261,844 for the development of final designs and construction support for the Northwoods Boulevard / Donner Pass Road Roundabout Project; and 2) Authorize a 10% contingency for a total authorized contract amount of$288,028. 6.7 Authorize the Town Manager to enter into an agreement with the County of Placer, Boreal Ridge Corporation, and Sugar Bowl Corporation to operate transit services between the Town of Truckee and the Donner Summit ski resorts during the 2017- 2018 winter season. The Consent Calendar carried with the following vote: Ayes: Vice Mayor Wallace Dee, Council Member Abrams, Council Member Flora, Council Member Tirman, and Mayor Goodwin. Noes: none. Absent: none. Abstained: none. The motion passed unanimously. 6.3 Easement Abandonment, 16095 and 16065 Woodbridge Court; Owner/Applicant: Bob French. Recommended Action: 1) Adopt Resolution 2017-54 approving the abandonment of two five-foot wide public utility easements located on each side of the common property line between 16095 and 16065 Woodbridge Court (APNs 49-260-13 and 49-260-14; and 2) authorizing the Town Manager to sign the Indemnification Agreement between the Town of Truckee and Robert French and Tamera Anderson regarding APNs 49-260-13 and 49-260-14. Staff pulled the item and stated the applicant requested the item be continued to a future meeting. Mayor Goodwin opened the item for public comment. Seeing none, Mayor Goodwin closed public comment. 7. DISCUSSION ITEMS 7.1 STAFF REPORT - Amendment to Winter Parking Ordinance. Recommended Action: Waive the first reading and read by title only Ordinance 2017-12 amending various provisions of Chapter 10.17 of the Municipal Code, comprising the Town's winter parking ordinance. Dan Wilkins, Public Works Director/Town Engineer, presented from the staff report. Mayor Goodwin opened the item for public comment. Seeing none, Mayor Goodwin closed public comment. Town of Truckee October 24, 2017, Town Council Regular Page 2 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 Tirman, Council Member Abrams and Mayor Goodwin. Noes: none. Absent: none. Abstained: none. • The motion passed unanimously. 7.2 STAFF REPORT — Ongoing Discussion on Policy Framework for Cannabis Regulations. Recommended Action: Direct staff to prepare cannabis land use regulations which would authorize the establishment of delivery services for cannabis and cannabis product; and direct staff to prepare an interim moratorium ordinance which would prohibit all commercial cannabis uses in the town of Truckee starting January 1, 2018 until such a time that permanent cannabis regulations for commercial uses are in place. Jenna Gatto, Senior Planner, presented from the staff report (presentation on file with the Town Clerk). Council Discussion: • Direct Staff to prepare a moratorium that will take effect immediately. o Caution — it takes four votes to pass a moratorium. o A 45 day moratorium you can extend (twice up to two years) after the 45 days. • Delivery only model — in practice the map will allow one business per zone. • Cannabis delivery businesses are not operating legally in the Town limits today. • We will revisit the idea of taxation. Staff was focusing on getting the answer to the question do we want to allow cannabis first. o Staff would provide an information session with recommendations to Council in the future. ■ Any tax would require a vote of the people. • Rocky Mountain High Drug Control Agency study. Although they have a potential interest, the study seems to be credible. • The estimate of the cost to regulate cannabis will be determined by what is allowed or not. • Licensing fees: o Cannot capture law enforcement costs. o Can cover the direct cost of processing the license like inspection of the business and staff time to process the license. • Some municipalities have put a measure on the ballot that provides that the community will only be allowed cannabis uses if a taxation measure is passed first. This is not the Truckee Way and staff is not advocating for this. • Donner Lake area proximity to Truckee Donner Recreation and Park District (TDRPD) facilities. The public docs are owned by the TDRPD. • ID checks for alcohol how would that happen for cannabis? Are we more secure checking ID's in a brick and mortar store versus a delivery service? o The ID's of the 80's are simpler to duplicate. Town of Truckee October 24, 2017, Town Council Regular Page 3 o Technology is improving. o The state will come out with a training program for licensed facilities. o Medical facilities — there is a great amount of trust by those who have allowed them to operate. • Prop 64 allows certain sized grow operations in residential areas: • Zoning Map — does not identify commercial cannabis in the Rock directly across from child care that is not necessarily licensed day care. o Council can identify what day care centers you want included in the sensitive use definition. • Revenue from current businesses. o Town does not have business licenses or taxes. o Any taxes would have been paid to the state. • Can Town limit the products allowed? Yes. o Enforcement may be challenging. o The industry is moving into these practices continually. • January 2nd the state starts issuing licenses. o Ordinance currently does not exist for Truckee so it is questionable if a business could get licensed by the state. • The level of law enforcement necessary may be less with a delivery service. o Dispensary has a higher presence and potential for criminal activity. o There will always be concerns regarding the cash business. There are a lot of models similar such as taxi cab safety models. o There are emergency procedures and safety measures — staff would work on criteria to mitigate potential risks issue. • The business could delivery outside the Town limits. o The Council cannot do anything to regulate business delivering into Truckee from outside, only the business based in Truckee. Mayor Goodwin opened the item for public comment. Green Tree Wellness Survey Jeanie McCarthy Jennifer Barnaby Jeremy Wright Joe Pistorio Judi Roberts Monique and Justin Long Paul Cowie Peter Jackson Rachel Falk Rolf Godon Sally Abarta Tanzy Maxfield Steve Cooper Valeria Kelly Christina Visconti Denise Dambra David Ligon David Giacomini David Abarta Craig Eisenberg Christina Villaman Carolina Ford Ben Hogan Annie Pratt Augstin Ayala: • Stated that Council Member Abrams insulted business owners that pay their taxes o The fact that the Town is not charging a tax at this time does not mean Town of Truckee October 24, 2017, Town Council Regular Page 4 these people are not paying taxes. Response from Council Member Abrams: It was not my intention to insult anyone. The Town has received public comment stating that the Town has received tax revenue from cannabis. She wanted to clarify for herself and the public that the Town has not received direct taxes from cannabis. Christina Visconti, Truckee resident, read from written comment (on file with the Town Clerk). Stephen Maeller, • Stated that in other states you can pay for the product online and have it delivered to your door, eliminating the cash exchange. • Questioned the proximity requirements for the sale of alcohol and tobacco. • Asserted that alcohol and tobacco do not have the same proximity requirements. • Stated that growing up he had more access to cannabis than alcohol, in part because it required and ID to purchase alcohol. o Being able to limit the access with brick and mortar, and ID checks is a good approach. • Questioned the purpose of adding in parks to the 1,000 foot sensitive use proximity regulations. Grant Sacks Truckee resident speaking as a private citizen: • Taking time on these items is a good idea for Truckee. • We have no brick and mortar dispensary, testing labs, distributors, zoned commercial cannabis areas, nor downtown parking issues, which cannot be ironed out until the emergency regulations are released in November. • It would be too much to ask that local regulations be structured that could potentially be replaced in whole or in part with the upcoming State regulations. • Cultivation is a separate issue. If Town imposes a moratorium it does not maintain the status quo but takes away cultivators ability to operate legally. • Provided anecdotal information about the amount of cultivation occurring in Truckee currently. • A ban or moratorium will hinder those trying to comply with the more stringent medicinal cannabis regulations. o Asserted the ban will not stop cultivation, only prevent it from becoming a regulated industry. o If there is no way to stop cannabis cultivation, than all efforts should be directed on regulating in a safe way. o The moratorium will force cultivators to sell to the black market. Alex Irons: • In response to Mayor Goodwin's questions; state law allows commercial cannabis on residentially zoned parcels. o Detailing the State ordinance that she provided in written public comment. • Requested Council not place a ban on cannabis cultivation. • Questioned why there has been no discussion of cultivation of cannabis in residentially zoned areas. • Asserted that legal cannabis cultivation has been occurring in residential areas since the passage of Proposition 215. o Stated that there are a plethora of homebased cannabis cultivations in Town of Truckee October 24, 2017, Town Council Regular Page 5 Truckee. o Stated with the challenges of consistent employment and affordable housing why is Town not considering homebased cannabis cultivation? o Stated that 50% of our homes are rented out by second homeowners to tourists while our business cannot find an entry level workforce. o Asserted that allowing homebased cannabis cultivation will provide more jobs and will help sustain our community. o There are concerns about cannabis pushing out other business from the limited industrial and commercial spaces. Allowing regulated residential cannabis cultivation will solve these issues. o Stated that homebased cannabis will continue regardless of a ban, consider regulating the business, not making cannabis cultivators criminals. Sally Abarta Truckee resident, read from written comment (on file with the Town Clerk). Shannon Gallagher, Attorney, Truckee resident: • Expressed concerns about protecting our children by increasing the square footage around sensitive uses. • Provided anecdotal information regarding her experiences in a catholic school. • Expressed concerns regarding the additional limitations leaving so few areas in Town left for cannabis businesses, leaving it open to black market or unregulated outsiders. • Suggested an interim license for the next few months until things are worked out. • San Francisco, interim license to last a few months while things are sorted out to limit unregulated outsiders. • Stated the Town can regulate the "pop-tart v pot-tarts" branding. San Francisco is limiting the shape of the edibles to prevent animal shapes. o The state is implementing brand licensing to address this concern. o Suggested Truckee place regulations before this is implemented. Brad Farmer, Truckee resident, and co-owner of High Altitude Dispensary here in Truckee: • Stated the status quo has not worked and we need to do something different. o Stated he was able to buy cannabis in school and today's school kids can buy cannabis. o Turning a blind eye or hiding it will not help. o There are cannabis industry professionals present that will remain here in Truckee regardless of what you decide. ■ They want to be good partners in the community assisting with educational funding. Helping the kids with substance abuse issues. o The map is too limiting, discouraged Council from eliminating all mixed use commercial areas. • The map has become a de facto ban. Cindy England, Truckee resident: • Stated she raised her two children here. • Provided anecdotal information regarding her medical condition and medical Town of Truckee October 24, 2017, Town Council Regular Page 6 cannabis. • Stated no one wants cannabis in our children's hands. • Urged Council to regulate and improve it. • Related cannabis to alcohol asserting that regulating and personal responsibility will be the appropriate approach. • Do not try and stop it but work with it. Peter Jackson, Cannabis dispensary bookkeeper: • In response to the taxation discussion; Truckee's tax rate is 8.25% and his clients are paying their taxes. Town is receiving tax money from the sale of cannabis. • Read from public comment (on file with the Town Clerk). Diana Gamzon, Nevada County Cannabis Alliance: • Spoke in support of an Interim license while regulations are sorted out. • Spoke in support of the delivery plus model presented by Staff. • Asserted that there are many cultivation operations occurring in Truckee neighborhoods. o Spoke in support of protecting the community and keeping cannabis out of the hands of youth. o Spoke in support of an option where cannabis operators can move from residential areas into properly zoned areas. • Recommended the approach of the western county cities, achieved by working with the Nevada County Cannabis Alliance. Jeannie McCarthy read from public comment (on file with the Town Clerk). Charles Willett, Founder of Tahoe Honey Company, a cannabis delivery service operating here in Town: • Stated they are operating as legally as they possibly can. • His company pays sales tax based on where the product is delivered to (most customers are in Truckee). o Asserted that if Truckee had regulated and taxed cannabis sooner additional money could have been coming to the Town. • Asserted that they pay the most retail sales tax for Truckee. • Drivers are taught how to check ID's and medical cards. • Asserted that storefronts will ensure safety. • Stated that currently they are operating their delivery service safely. • Stated he does not want to operate outside of Truckee. • It is his right to deliver in Truckee. David Abarta read from public comment (on file with the Town Clerk). Jennifer Barnaby read from public comment (on file with the Town Clerk). Chris Hinkle, local resident: • Stated the map feels too restrictive, Town should include downtown mixed use properties. • Stated she is not a dispensary owner and lives in a downtown mixed use area Town of Truckee October 24, 2017, Town Council Regular Page 7 and would be okay with a dispensary in her neighborhood. Robert Conklin, part owner of High Altitude Healing, Stated: • He owns a mixed use historical building and prefers a dispensary model with security that allows customers to come see the product in his building. • If not, he could (will) get a liquor license and put in a bar. • His frustration that his building could be used for a liquor store or bar and not a cannabis business. • This is too overbearing with too many rules. • He has a son at the High school and if he wants cannabis he buys it at the school and doesn't need to panhandle in front of a dispensary. • He pays taxes, and would vote for a tax on himself to help with education. • Would like to have the option to lease his building to anyone he wants to. Lee Graham, Tahoe Herbal Care: • Stated those statistics are being used as ammunition to support many concerns regarding cannabis. • Stated he is convinced that if commercial cannabis is allowed that Truckee's leaders can craft regulations that would limit and potentially decrease underage access to cannabis as well as preserve our community character. • Quoting from the first work shop "let's keep it classy Truckee". This means judging a business on its individual character, not on a class of business. • Stated that Truckee could be the definition of classy for this evolving industry. Michael Barnaby, Truckee resident, Co-owner Tahoe Herbal Care: • Having been in the industry been in the industry for many years offered: o Medical only option will be unsustainable. o Adult and medical cannabis are essentially same product. o As the requirements for medical cannabis become more stringent, even those using cannabis for medical reasons will move to purchase under adult use. o There is not a large enough population to sustain a medical only delivery model. o Stated that the storefront model is the safest model. Mayor Goodwin closed public comment. Mayor Goodwin adjourned for a recess at 8:50 p.m. Mayor Goodwin called the meeting to order at 8:58 p.m. Council Discussion: • There is no buffer for alcohol from sensitive areas. • The square footage available for this use is unclear. o Joerger Ranch is undeveloped and square footage has not been established yet. • Nevada County Cannabis Alliance has assisting in establishing criteria that would validate local ownership - proof of residency. o Town does have criteria as the draft regulations have not gone to that specificity yet. o Andy Morris, Town Attorney corrected — this can be part of the selection Town of Truckee October 24, 2017, Town Council Regular Page 8 criteria but not a requirement. o This would be a special use permit and Council would have ability to define how many permits are available. o Planning Commission will review the proposed changes first. • Shed light on what an interim license would look like? o The state is going through a process for 120 day licenses. o Town has not discussed an interim license program. o Any limited or temporary license could not be set up before the end of the year. Map and Zoning • 1,000 foot range —what is the purpose of going from 600 to 1,000 feet? o If the intent to limit youth access, will increasing the area around day cares accomplish this? o Both the 600 and 1,000 are arbitrary numbers. o We can be more thoughtful about where we are allowing it. o Limiting from schools and parks versus day cares. • Although the map appears limiting there is a large amount of potential square footage available for this use. o We need to understand what the potential footage is. • The 1,000 feet in between cannabis businesses allows the Town to start in a measured way. • If the Town approves the Maps as drawn, for either model, it will allow for four or five businesses in town. • Important to be consistent with day cares licensed or not. • What are we putting in there? The buffer should consider what the distance is between property lines or buildings. • Remove the strict numeric buffer over the 600 feet. Direction regarding the Map: • Put in the 1,000 foot radius to sensitive uses. Include parks and day cares. Consider the topographic barriers when examining a radius greater than the states 600 foot requirement. • Allow a variance process to consider alternatives. • Neighborhood commercial is not allowed. • Manufacturing and Service Zones, Downtown Manufacturing. o Planning Commission may way in. • The Rock is not illegible. Is It a Delivery or a Store Front Plus • Dispensary plus model is a limited cautious approach, walking into a store would be more secure. The failing of the War on Drugs is not showing any responsible point of view. Provide people with more tools to show what responsible use is. o The delivery only medical and adult use is a measured and incremental start. It is tried and proven, and this is an opportunity to make it known and legal. Recognizing some want access. o Proposition 64 corrected abuse of medical use. If you have medical need why would you go through the hoops and not get it recreationally. o Differences between now and in the future are the regulatory framework, operators will not be allowed to operate out of a home. The cost base will Town of Truckee October 24, 2017, Town Council Regular Page 9 go up substantially. In a community the size of Truckee it may not be viable (for three companies). Practically limiting or setting the businesses up to fail. o Allow it over here in the shadows is not really saying it is okay. Concerned that people will take the path of least resistance and buy on the black market, or in Reno or Incline. o We should control this, Cannabis exists in town. If we do nothing this use will still exist. Doing nothing is forcing the black market. o We need a strict process, guidelines, and regulations. • Vote reluctantly on delivery only of both medical and adult use. • Recommend Council review at a specified period of time to evaluate the impacts. • Regarding the safety of a storefront versus delivery. o At the dispensary in Reno, visiting the back room it appeared like a target. o Multiple level of security partly driven by Feds and the all cash business. o Could not image that here in Truckee, it does not feel right. o It may not be secret but it is not out there. o A speaker suggested paying online for delivery service. Direction regarding Delivery only or Delivery with storefront • Council is moving slowly with delivery only model. • A scheduled period for this to operate and a review or reporting mechanism. Cottage Industry: • Cottage industry permit, room in a house separate out the residential businesses that do or don't comply with the law. Residential grow operations. Offer a way to separate out illegal operations. Policy that makes it clear. Direction regarding Cottage Industry • We do not have enough information now. Bring this back as part of the Residential environment issues. Moratorium • Staff will have to report on what Staff has been doing before the moratorium can be extended. Direction regarding Moratorium • Yes, and bring it to Council before December. Regarding the culture of alcohol • There has been a stigma around cannabis from the days of Reefer Madness. • Alcohol is a much larger issue in our community. • Alcohol is an accepted culture. Cannabis may take time to get used to. 8. COUNCIL REPORTS Vice Mayor Wallace Dee • Attended the 25th Anniversary Sub-Committee meeting. • Attended the Truckee Chamber Award Dinner. • Attended Big Truck Day. Town of Truckee October 24, 2017, Town Council Regular Page 10 Council Member Tirman • Attended the Truckee Chamber Award Dinner. • Volunteered for Truckee River Day. Mayor Goodwin • Attended the Mayor Manager breakfast in Truckee • Attended the Truckee Chamber Award Dinner. Council Member Abrams • Attended the 25th Anniversary Sub-Committee meeting. • Attended the Truckee Chamber Award Dinner. • Attended Big Truck Day. 9. ADJOURNMENT— 9:08 p.m. To the regular meeting of the Truckee Town Council November 14, 2017, 6:00 p.m. at Town Hall, 10183 Truckee Airport Road, Truckee, CA. Approved: Respectfully submitted by: org- • Goodwin, Mayor Jud Price, MMC, Town Clerk Town of Truckee October 24, 2017, Town Council Regular Page 11