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1996-06-20 Town of Truckee TOWN COUNCIL REGULAR MEETING June 20, 1996, 6:00 P.M. Truckee Donner Public Utility District Board Room 11570 Donner Pass Road, Truckee, CA MINUTES CALL TO ORDER. Mayor McCormack called the meeting to order at 6:05 PM. ROLL CALL. Town Manager Wright called the roll with Council Members Carpenter, Cross, Drake, Eagan, and Mayor McCormack being present. Also present were Town Manager Steve Wright, Town Attorney Dennis Crabb, Town Engineer Jon Lander, Community Development Director Tony Lashbrook, Associate Planner Duane Hall, Public Works Director Tom Covey, Finance Director Jill Fox, Police Chief Jack Bayer, Dan Olsen, Animal Control Supervisor, and Staff Assistant Jim Smith. PLEDGE OF ALLEGIANCE was led by Kevin McCall. PUBLIC COMMENT. John Kaser, resident of the north side of Donne~ Lake, commented about the removal of trash bins at the Donner Lake boat ramp and across from Denton Avenue. He stated the current bins are private and the users are locking them to prevent public use. Mr. Kaset requested the Town to put the bins back on public land, and/or find a way to charge a fee to Placer County residents or the public for use of the trash bins. Town Engineer Jun Lander pointed out that the Town received removal requests fi:om the Truckee- Donner Recreation & Park District, the Nevada County Environmental Health Department due to overflow usage, unsightly conditions, and concerns about toxic materials being deposited in or near the bins which could eventually filter into the ground water. Mr. Lander said he is willing to meet with various resident associations at Donner Lake to arrange for trash receptacles. PRESENTATIONS. 5.1 Proclamation for S.F. Giants Day. Brent Collinson stated 1996 will mark the third year that he has organized the community event which is jointly sponsored by the Town, Truckee Rotary, Tahoe Instant Press, OB's Pub & Restaurant and the Recreation & Park District. The Council acted 4-0-1 to authorize the issuance of the Town Proclamation proclaiming June 20, 1996 as San Francisco Giants Day upon a motion made by Councilmember Carpenter, seconded b.y Couneilmember Eagan. Councilmember Cross abstained due to the Giants' treatment of fans last year during the shut-down of the national past time. CONSENT CALENDAR 6.1 Minutes of May 2, 1996, Special Council Meeting -- approved. 6.2 Minutes of May 16, 1996, Regular Council Meeting -- approved. 6.3 Treasurer's Report of May, 1996 -- approved. 6.4 Portola Animal Control Contract -- approved. Counciimember Drake moved to accept the Consent Calendar but abstained from voting on 6.1 as he was not present at that meeting. Councilmember Cross seconded, and the motion passed unanimously. COUNCIL IMMEDIATE (9-12 MONTH) PRIORITIES 7.1 Sphere of Influence Study. Community Development Director Lashbrook provided background information on LAFCO's (Local Agency Formation Commission) purpose, and a definition/purpose of the Sphere of Influence (SOI). LAFCO's primary objectives regarding adoption of an SOI program are to provide direction as to where cities and special districts should exist, who is the logical provider of services, to discourage urban sprawl, encourage orderly growth/development, to encourage efficient urban development while preserving open space lands, to ensure that services are available to urban development, and that they are provided in the most efficient manner. During the course of Lashbrook's presentation, he stated that the Sphere of Influence report takes a strong position in its effort to avoid sprawl and premature development. If adopted by LAFCO, the Sphere would impact future development within the sphere boundary based upon strongly worded policies within the Nevada County General Plan and the direction provided to LAFCO regarding future annexation of property for utility services. Lashbrook further informed the Council that if the Town's Sphere is adopted by LAFCO, it would affect the County's ability to immediately approve projects proposing urban development within the sphere area which impacts property values. Lashbrook then reviewed four (4) significant areas slated for development, all just outside the Town's official boundary: Waddle Ranch, Negro Canyon, Tahoe Donner, and Raley's's development that would be affected by the Town's requested Sphere of Influence. Preliminary Council discussion revolved around LAFCO time l~ames for processing the Sphere from the Town and Eastern County special districts, implications of an interim development reserve designation, and why some special districts were not included in the Town's report. Mayor McCormack opened the meeting for public comment at 6:50 PM. Kevin McCall, Waddell Ranch representative, referred to his written comments previously submitted to the Council. Mr. McCall's clients requested an adjustment of the requested SOI to a smaller area, preferably leaving the subject property outside the SOI. If the Town was adamant about including the subject property, the owners would accept a DR (Development Reserve) but would not accept the Meeting of June 20, 1996 Page 2 requested designation of RC/OS (Resource Conservation/Open Space). The property owners feel the Town's action is unrealistic and unapprovable for numerous reasons outlined in previously submitted written comments. [3ill Abbott. attorney representing Negro Canyon property owners, provided the Council with written comments. Mr. Abbott's clients are proposing a land donation of approximately 300 acres to the Truckee-Donner Land Trust if their property is omitted from the Town's requested SOI. Mr. Abbott raised technical issues claiming no land use designation was applied to Negro Canyon during the Town's General Plan process, and since the SOI needs to be consistent with the General Plan, it was his opinion that the SOI was not consistent with state law, and inconsistent with Legislative action defined in CEQA. CIM_~, representing the Mountain Area Preservation Foundation, expressed concern that the requested SOI may not be consistent with the General Plan, nor the Vision Statement. It is MAPF's concern that the Town should not be engaged in the planning process to ensure property owners get the highest development potential on any parcel within the community, but rather to plan for the orderly community-based development of Truckee. MAPF supports the existing SOI report and the open space land uses contained therein and the organization urged the Council to adopt the existing SOI report and submit same to LAFCO. Dale Creiehton. representing the Raley Ranch owners, felt the Town's land use does not correctly identify that given by Nevada County. Mr. Creighton stated that only 600 acres out of 3,100 are develop-able, while the balance could be designed as "estate type parcels". Mr. Creighton urged the Town to work closely with Nevada County and review all reasonable planning options. ~ Truckee resident, expressed concern that sprawl and leap frog development issues were adequately addressed during the General Plan discussions. He questioned whether the General Plan would mean anything or will outside developers demean the intent of the General Plan? He urged the Council to focus only on what is good planning for the community and not the desire of outside developers, and further urged the Council to support staff's recommendation. Pat Sutton, Truckee resident, requested the Town circulate the SOI report to all of the special districts and allow more time for public comment. Peter Sodera_uist, General Manager for the Truckee Tahoe Airport District, applauded the Town's efforts, but questioned whether the Town was required to make up lost revenues incurred by the Airport District due to down-sizing and taking of Airport owned land. He stated that the District is not involved in land development but the Dislxict is required by Federal law to provide certain services to the public as outlined in the 1958 Civil Aeronautics Act. The District was requesting more time to review Meeting of June 20, 1996 Page 3 the SOI and is concerned about potential development mound the airport and is willing to work closely with Town staff on these issues. Mayor McCormack closed the public hearing at 7:15 PM. Areas of Council discussion included: Land use designations on the General Plan maps Additional time for public commenffstaff time to prepare responses General Plan flexibility Urged staffto work closely with Mr. McCall and Mr. Abbott and their clients. SOI compliance with CEQA and LAFCO's instructions Need for additional land for potential development within the next 20-years. Councilmember Drake felt the SOI as drafted represents a taking and down sizing, and the Town will not need additional land for development in the next 20 years, and could not support the SOI at this time. Ten-Minute Recess Taken at 8:30 PM. STAFF REPORTS 8.1 Sha-Neva Aggregate Appeal. Town Engineer Jon Lander reviewed the Staff Report and provided the Council with background information concerning the joint decision of the Town Engineer and Public Works Director not to utilize the Sha-Neva aggregate material in Town road construction projects. Mr. Lander referred to the Pavement Management Index conducted in 1994, and pointed out numerous street ' failures which were accompanied by slides of various street segments throughout the Town. These slides depicted various failures and different base material used that have held up to Town standards. The Town has examined numerous trench cuts (done during pipeline installation projects) in an effort to inspect different road base segments and rates of deterioration. Wheel rots have shown the most breakdown in areas with red cinder aggregate material. It is the opinion of the Town Engineer and Public Works Director that a specific gravity standard needs to be maintained for cinder material and suggested that a qualified geotechnical engineer be retained to designate a particular road segment for testing purposes. Mr. Lander noted that he had asked Sha-Neva for supporting material for their cinder product, but no response had been received, except a notice of appeal. Town Attorney Dennis Crabb reviewed a very similar situation that the City of South Lake Tahoe dealt with in recent years over the same issue. It was suggested that Truckee consider an agreement between the parties to test the local material, agree on an acceptable form of testing to both parties, and reach a philosophical agreement to use local product from local suppliers, including the addition of an appropriate warranty;. Attorney Crabb noted that South Lake Tahoe altered the city's standard specifications in order to accommodate local suppliers. Meeting of June 20, 1996 Page 4 Mayor Mayor McCormack felt the issue was road subbase versus shoulder base material. Mr. Lander said that since the Council recently adopted the new trench standards, the red cinder aggregate material has become an important issue in public works projects in that the material shows evidence of breaking down to sand-size particles rims leading to asphalt sinking, cracking, and more serious pavement deterioration. McCormack opened the public comment portion at 8:05 PM. Robert Tamietti. attorney for Sha-Neva, Inc., reviewed the major points in previously submitted correspondence to the Council and what serious implications would result not only to his client's business, but to the entire road construction industry in the Town, as well as tax generated revenue from these local employers, coupled with ancillary benefits such as local employment, local revenue generation for other local businesses. To refute the Town Engineer's allegations of inferior product, Mr. Tamietti stated that his clients have asked the Town for sample materials for independent testing by geotechnical experts, but had never received the Town's cooperation. Sha-Neva uses AgraLab for independent material testing and those tests conducted to date have shown no breakdown when installed correctly. Mr. Tamietti stated that volcanic rock differs in each volcanic eruption and his clients feel they are being treated as guilty until proven innocent. He further claimed the Town is adopting road standards without proper testing specifications being in place. Mr. Tamietti urged the Council to find ways to include local merchants' products rather than exclude them. ~, local resident and 20 years' experience in construction, stated that he has had no problem with his use of the Sha-Neva product. He referred to the same type of longitudinal cracking on local state highways and felt that installation and poor drainage are primary reasons for the problems. He further stated that rutting in the wheel tracks is also evident from other subbase material and feels the asphalt is wearing out due to lack of maintenance. Bill Hobbs. CalTrans employee and local businessman for 20 years, urged the Town to seek a compromise in gradient specifications and fears local contractors will suffer greatly due to higher costs ifa monopoly is created by the Town by shutting offthe use of Sha-Neva's product. ~, stated he has been in the area since 1959, and feels the problem arises from different contractors' installation techniques coupled with inadequate moisture content rather than the cinder product itself being at fault. ~ AgraLab employee, stated his employer has been testing the Sha-Neva cinder product since 1977. He stated he has no knowledge of failure instances due to the product. He reviewed various technical specifications and testing procedures and his opinion is that out of area contractors use improper installation techniques. Meeting of June 20, 1996 Page 5 He requested the Town provide test reports on product failure before adopting new specifications. He also felt the supplier could provide written information on standard installation techniques for the cinder material in order to provide for the best results. Verdi Leeg, AgraLab employee, felt the new Town standards could be a double- edged sword. It was his opinion that if a contractor used Town specs and a failure of some type surfaced, the Town would be liable. He felt that moisture is the key to proper installation of red cinder material. JaY Mahoney, President of Atlas Contractors since 1972, stated that certain techniques are needed to get proper compaction. Installation and moisture content are keys to proper installation. He felt that most of the road failures have base rock failure rather than cinder material failure. Mr. Mahoney expressed his concern about Teichert Construction possibly not being able to renew their quarry permit, thereby effectively creating a monopoly condition if the Town shuts out the use of Sha-Neva product. Trucking similar material from Reno to Truckee will have severe implications to the Town, as well as local contractors. Mr. Mahoney concurred with prior speakers that he has had no compaction problems with Sha-Neva product if done correctly. He offered to be on a "research committee" to reach a compromise. He did indicate that in Squaw Valley he used Sha-Neva materials in the street section and Teichert materials in the shoulders since the cinder material was lighter and tends to migrate. Waily Stevens, local attorney, stated he had represented Sha-Neva in a similar situation with Nevada County. He cited the Judge's ruling in that prior court case that basically certified the Sha-Neva product. It was his opinion that there were personality conflicts present. Mayor McCormack closed the public comment portion at 8:50 PM. Main areas of Council deliberation included: Clarification of waivers, specific gravity standards, compaction techniques, moisture content; Installation control/inspection; Application techniques versus installation techniques. Councilmember Eagan moved to direct staff, Sha-Neva, and Jay Mahoney to work cooperatively to develop standards for the Town to use Sha-Neva cinder material utilizing South Lake Tahoe's case as a model, and to act expeditiously to resolve the matter, and to deny request for a waiver of existing specification standards until the problem is resolved. Councilmember Cross provided the second, and the motion passed unanimously. Meeting of June 20, 1996 Page 6 8.2 8.3 8.4 Adoption of 1996/97 Annual Operating Budget. Due to the need for continued budget workshops, the Council set July 2, 1996 at 2:00 PM for an additional budget workshop. The meeting will be held at Town Hall. Award Street Overlay Bids & Contracts. Public Works Director Tom Covey reviewed the scope of the project, the bids received (from whom and dollar mounts), and a request for deferment of the Sierra Avenue portion of the overlay project. The deferment is due to Southwest Gas pipeline installation delays. Mr. Covey also informed the Council that since the bids came in lower than the Engineer's estimates, an additional 25-30% overlay work could be done on Glenshire Drive, and extending the scope of work on Donner Pass Road to Levon Avenue. Counciimember Cross made a motion to award the bid to Teichert Construction in the amount of $645,939.70, issue field orders increasing the project to $698,000 to accommodate additional work on Glenshire Drive, increase work on Donner Pass Road to Levon, and delay Sierra Avenue until Southwest Gas completes that portion of pipeline installation. Councilmember Carpenter provided the second and the motion passed unanimously. Councilmember Drake stated for the record that the Town could not force Southwest Gas to pay the paving costs if Sierra Avenue is not included due to pipeline installation problems since there is no timing contract on the pipeline project. Councilmember Eagan sought clarification on inspection work to ensure the job is being done correctly. Mr. Covey stated that Street Superintendent Eric Shafer is trained and qualified to be the inspector, thereby saving the Town approximately $2,500 by not hiring an asphalt plant inspector. A pre-construction meeting will be scheduled to review all the specifications with Teichert Construction personnel. Advertisement for Donner Lake Road Interchanee Reconstruction. Town Engineer Jon Lander reviewed the need for this reconstruction and his communications with CalTrans officials as to their contributions toward the repair and future maintenance options. Staff has met with CalTrans District Director and District Maintenance Engineer and have tentatively reached a cost sharing agreement inasmuch as most of the road damage is from the state's winter closures and turn-around area for heavy commercial vehicles (tracks and busses), as well as CalTrans' own equipment. Mr. Lander reviewed the specifications for the reconstruction, along with various funding resource contributions fi:om CalTrans, FEMA and the Town's Regional Surface Transportation Project Funds. Counciimember Drake moved to authorize the Town Engineer to advertise the Donner Lake Road reconstruction project for bid opening on Wednesday, July 10, 1996, at 3:00 PM. Councilmember Cross seconded, and the motion passed unanimously. Meeting of June 20, 1996 Page 7 8.5 8.6 Award Bid for Town Marketing Services for 1996/9798. Town Manager Wright reviewed the staff report and key points oft_his item. From the Requests for Proposal mailed, the Town received one response fi.om the Truckee-Donner Chamber of Commerce. Manager Wright pointed out that the Chamber's proposal included a suggestion that the term be for three years. However, he noted that since the current contract between the Town and the Tahoe North Visitor & Convention Bureau would expire in 1998, that that point in time would be a good time to review both operations to allow a re-evaluation of all visitor services concurrently. Another factor for consideration in the two-year versus three-year contract period was the Chamber's announcement of the retirement of their current Executive Manager. Main areas of Council deliberation included: The Chamber's thoroughness of their response Inclusion of an independent audit of services Effectiveness study of various program criteria An annual report versus a quarterly report versus assessment reports versus an event report Pat Sutton, Truckee resident, expressed concern about the Town adopting a policy · of utilizing 10% of the ltansient occupancy taxes for promotion purposes as this tax was never approved by the voters. She also felt that other community groups may have legitimate need of these funds. She requested the Council stay with a one-year contract and reconsider the policy of earmarking General Fund dollars for a specific purpose. Mrs. Sutton recited funding problems that Nevada County had by doing the same thing. Mayor McCormack feels the promotion funding is a Town-wide issue and Town responsibility, and further that a multi-year contract can bring about the desired goals rather than a year to year arrangement with possibly a different provider each year. The Town's investment is expected to return itself. Councilmember Drake moved to award the Community Promotion Services Bid to the Truckee-Donner Chamber of Commerce for a period of two years, and authorized the Town Manager and Town Attorney to execute the Agreement. Councilmember Carpenter seconded, and the motion passed on a 4-1 vote with Councilmember Eagan voting no stating it is unwise to allocate funds when more serious problems exist. Transit Request for Proposals for 1996. Public Works Director Tom Covey reviewed the background of earlier transit programs and the make-up of this year's program. Mr. Covey explained changes to this year's program -- expanding the paratransit service to the general public, and the addition ora test commuter program to various Truckee neighborhoods during the morning and evening commute hours. Partial funding for the commuter program has been received through a grant from the Northern Sierra Air Quality Management District. Meeting of June 20, 1996 Page 8 8.7 Due to the lateness of issuing th/s year's Request for Proposals, the current provider (Frontier Tours) has agreed to operate the transit program under the current contract until the Town receives bids and has time to analyze the results for the expanded transit programs. The Public Works Director, and Transit Coordinator have spent a considerable amount of time during the last several months analyzing the possibility of transit becoming an in-house mn department. Further analysis will continue with consultation with traffic consultants Leigh, Scott & Cleary for a presentation before the 1997/98 fiscal year. Some concerns expressed by the Council were about the expansion of the dial-a-ride program to the whole community rather than just for seniors and handicapped citizens, the cost of the new program, anticipated ridership, mute selection process, and no budget information to accompany new programs. Pat Sutton, Truckee resident, questioned the source of funding for transit programs, whether required public hearings had been held, and fare box reports. She also suggested that unspent transit funds should go toward road repairs, and that the general community was unaware of the expenditures in light of the fact that most of the riders on the trolley program are kids looking for something, to do. Councilmember Cross responded generally that the Nevada County Transportation Commission holds the annual Unmet Transit Needs public hearing for the Town, that no one attended this year's heating, and that it was his opinion that utilizing funds for the general community rather than one segment was a better use of public funds. Councilmember Eagan applauded staff for being creative with new transit programs but needs accounting reports to aid her evaluation. Councilmember Drake moved to authorize the advertising of a Request for Proposal for Transit Services for 1996. Councilmember Carpenter seconded, and the motion passed unanimously. Town Special Service Ama Annual Report. Town Engineer Jon Lander provided information to the Council as to the purpose of this annual report that outlines the need for the charges and the recommended amounts, and allow the public time to review the recommendations and provide comments at a public hearing to adopt the charges. Inasmuch as the Road Committee recommended standardized parcel charges to one Town wide road maintenance system, that program is not in place at this time. Therefore, it was recommended that the proposed parcel charges for Town Special Service Areas and Permanent Road Divisions be considered and that the Council set a public hearing date for that purpose. Meeting of June 20, 1996 Page 9 Areas of Council concern included: Continued inequity of parcel charges Snow loads and pro rata costs from the 1995 report & need to recompute all charges based on snow load Pending statewide tax initiative that would halt imposition of new taxes and resulting impacts to municipalities ability to provide services. Pat Sutton, Truckee resident, said that the parcel charges were instituted by Nevada County as a condition of approval of new subdivisions. The thinking at that time was that new developments should pay their own costs incurred as a result of their subdivisions. Counciimember Eagan moved to accept the report with the condition that snow load factors be included and charges be recomputed, and to hold a public hearing on this issue July 2, 1996. Councilmember Cross seconded, and the motion passed unanimously. 8.8 Report on Public Communications Storey. Town Manager Wright provided background information on this agenda item by saying that the issue of public communications was a result of the Council's goals and priorities workshop of 1995. Manager Wright reported on the results received to date of the main survey questions and the h/ghest rated suggestions for improving public communications. He reported that the Sierra Sun had offered monthly space available and on'an as-needed basis for special Town news articles. After discussion ensued as to many of the responses, the consensus of the Council was to take the information and put it into action to improve public communication. A copy of the final survey results will be made available. MATTERS OF INTEREST TO COUNCIL MEMBERS 9.1 Council Committee Workload. Councilmember Carpenter requested this item be placed before the Council. Due to competing time commitments (family, business and Town) it has become necessary to adjust his time spent on Town committees. The Councilmembers felt that some committees do not need Council representation and other committees could do well with only one representative. Further discussion was held concerning long term committees versus short term committee needs. It was suggested that "senior" Councilmembers retain a place on some committees that need official Council representation. The Council concurred that Councilmember Carpenter could step down from the Air Quality Committee, the Downtown Citizens Advisory Committee, and the Truckee River Basin Water Group. A chart of Council committee designations will be available at Town Hall. Mayor McCormack adjourned the regular Council session at 10:55 PM and entered closed session. Meeting of June 20, 1996 Page 10 10. 11. CLOSED SESSION to discuss labor negotiations between the labor Negotiator (Town Manager) and the Town of Truckee Employee Association pursuant to Government Code Section 54957.6. No reportable action was taken. ADJOURNMENT. No further business before the Truckee Town Council, the meeting adjourned at 11:35 PM. Respectfully submitted, Approved this 2nd day of July, 1996. Meet/rig of June 20, 1996 Page 11