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1996-03-21 6:00 PM Town of Truckee REGULAR COUNCIL MEETING March 21, 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 6:02 P.M. ROLL CALL. Town Manager Wright called the roll with Councilmembers Cross, Drake, Eagan, and Mayor McCormack being present. Town Manager Wright announced that Councilmember Carpenter is excused from tonights' meeting. Also present were Town Manager Stephen L. Wright, Town Attorney Dennis Crabb, Community Development Director Tony Lashbrook, Town Engineer Jun Lander, Public Works Director Tom Covey, Finance Director Jill Fox, Town Planner Elizabeth Eddins, Building Official Bill Miller, Assistant Planner Duane Hall and Executive Secretary Barbara Johnson. PLEDGE OF ALLEGIANCE was led by Steve Randall. PUBLIC COMMENT. None PRESENTATIONS $.1 Presentation of Plaques to Truckee Planning Commission Mayor McCormack and Community Development Director Lashbrook presented plaques to Planning Commissioners Don Estabrook, Bill Palmer, Hank Schwarz and former Planning Commissioner Eric Lamsson in recognition of work on Truckee's First General Plan. Planning Commissioners not in attendance were former Chairperson Brim Tryggvi and Commissioner Joel Williams. 5.2 Building Department Update Town Manager Wright stated that one of the Councils' priorities was to receive updates from various Town departments, therefore Bill Miller, Building Official was introduced to present the Council with an update on Building Department activities. Building Official Miller informed Council that the Building Department issued 346 building permits in 1994 and 265 building permits in 1995. Commercial permit activity has increased. Included in that category were the permits issued for the low income housing project. It is anticipated that with the installation of natural gas by Southwest Gas, there will be 8,000 new hookups to natural gas which will require permits from the Building Department. The Building Department does plan to reduce permit fees for these permits, a fee of $26.15 will be charged. In order to expedite the process, the Building Department is considering a faxed permit system and a mail-in program for Contractors performing the gas conversions. The Building Department is in the process of hiring two additional Building Inspectors, interviews for these positions will be conducted April 4th and 5th. The Building Department will be asking Town Council to approve one full-time position. Council asked Building Official Miller several questions regarding his presentation, Building Official Miller explained to Council that property owners or licensed Contractors can obtain building permits, the foxed system for the Southwest Gas hookups will include a deposit by Contractors for these permits which will be drawn on as permits are issued. Town Council thanked Building Official Miller for his presentation. CONSENT CALENDAR (one simple motion approves all of the following actions.) 6.1 Minutes of January 31, 1996 Joint Special Meeting. Approved 6.2 Treasurer's Report, February, 1996. Approved 6.3 Appointment of Solid Waste Commissioner and Alternate. Designated Mayor McCormack as Town representative and Town Engineer Jon Lander as alternate representative. 6.4 Legal Services Agreement - Brunick, Alvarez & Battersby. Accepted proposal to assist Town with property tax transfer issues. Tolling Agreement - Property Tax dispute. Approved Tolling Agreement between the Town, LAFCO and Nevada County related to method, calculation & payment of property taxes and transfer of property and service responsibilities to the Town as a result of incorporation. 6.5 It was moved by Councilmember Drake and seconded by Councilmember Eagan to approve the Consent Calendar as presented. Said motion carded unanimously. PUBLIC HEARING 7.1 Consider the Imposition of Recreational Facilities Impact Fee (continued hearing) Councilmember Cross excused himself from the meeting due to a conflict of interest. Mayor McCormack asked how voting would proceed on this matter with the remaining three Councilmembers. Town Attorney Crabb stated that the matter can be approved or denied by action taken by majority of the quorum. Community Development Director Lashbrook explained that this item is a continued public hearing from the regular Council meeting of February 15, 1996. Recreation District staffhas met with Town staffregarding the proposed Recreational Facilities Impact fee. The General Plan does provide both entities with direction in that 5 acres of parkland to be provided per a population of 1,000, Revised figures were used for cost/value of existing park facilities (maintaining the current level of service) using an average land value of $35,000 per acre. A revised impact fee of $.51 per square foot is proposed for residential construction and Quimby Act fee increase to $1,009 Town Council Minutes Page 2 for each newly created parcel. Several conditions are recommended by staff and the figures do appear to be reasonable. Community Development Director Lashbrook further explained that the idea was to create an impact fee that would accommodate the high and low of property values. The request is to maintain current level of facilities per person. Two basic projects are proposed in the study: The Community Center and an athletic field complex. The cost of these two projects equals the amount of money projected to be received over the next 20 years based on projections in the General Plan. The proposed fee has been reduced from previously proposed fee. Should Council approve a fee tonight it would be effective in 60 days. The conditions recommended by staff previously are still recommended. Cost for stafftime is estimated at $4,000. The cost to administer the impact fee is negligible. The proposed fee would add $1,009 in development impact fees for an average sized residence. Discussion took place regarding the implementation of the fee, should it be approved. Town Attorney Crabb advised Council that they did make a commitment to reopen the public heating regarding this matter. Mayor McCormack opened the Public Hearing and asked Steve Randall of the Truckee Recreational and Park District if he would like to speak first. Mr. Randall declined, stating that he would like to speak last. Mr. A1 Sharf addressed the Council regarding the proposed Recreation and Park District impact fee. He stated that he believes that the voters need a Council that can say no as well as yes. Councilmember Drake, at the last meeting, talked about the big picture. The Council can say no to .51 cents per square foot. The Town has other priorities such as Police and Fire Departments. The Forest Service maintains a beautiful park, this park surrounds Truckee. The Truckee Parks and Recreation District does not collect taxes from Placer County, although it serves people who live in Placer County. Should the Town Council decide to approve the Park & Recreation impact fee, they should place a clause in the agreement that the Recreation District must collect taxes from Placer County. Parks & Recreation has been given land, they do not need to purchase anymore land at this time. They should develop the land that they already have. Mr. Sharf further stated that he has done some of his own figuring regarding the impact fee and he would strongly oppose any impact fee above .38 cents per square foot. Discussion ensued regarding Mr. Sharf's comments. Mr. Bob Jensen stated that he has problems with the nexus used in the Parks and Recreation report. There is no proof that new construction in Truckee is causing the overcrowding of the Rec. facilities. It is unfair for the residents of Truckee to subsidize the tourists and/or persons living in the County that utilize the facilities. Using population to determine equity is wrong. The Parks and Recreation District is funded by tax on appraised value of each parcel, not with a tax on the people. If someone moves from Truckee the equity in the Parks and Recreation District does Town Council Minutes Page 3 not go with the person moving it stays with the parcel. State law says that you can use population as a criteria, however, it doesn't say that you must use population. Using population in this case is wrong in his opinion. Mr. Bill Owens addressed the Council regarding his opposition to the Parks and Recreation District impact fees. He stated that he has been a resident of Truckee since 1979 and has witnessed growth that has occurred in Truckee. He stated that he was not opposed to the Quimby Act fee, which charges parcels that cause impact to the District. He was, however, against the proposed impact fee. These fees are proposed to be charged on parcels which have been in existence for a long period of time and have been paying for the Parks & Recreation District through their annual taxes. Vacant property, existing for 15 years or more have paid 1.2 million dollars into the system through property taxes, directly to the Park District since they have been in existence. If he were to build a 4,000 square foot home on an existing parcel he would be paying double the fee a new subdivision parcel would pay. Currently he pays $8.00 pool tax on his vacant parcel. Mr. Owens further stated that he was concerned that should the mitigation fee be approved, it would not be in compliance with California State law AB 1600, no fee can be imposed until there is a specific plan. He further stated that the impact fee proposed for the Parks and Recreation District does not meet the qualification of a rational nexus. There has not been reasonable proof that there is a direct relationship between the impact of development and the fee being charged. Mr. Owens further stated that there is no correlation between the asset values in the study and the actual value of the property, of which some was donated to the Parks and Recreation District. The District currently has several acres of undeveloped land. Tahoe Donner will being paying quite a bit of these fees even though Tahoe Donner has its own recreational facilities, in his opinion, this is completely unfair. Mr. Owens stated that he felt that every building permit should be evaluated on an individual basis. He asked that the Town Council listen to the tax payers, the study presented by the Parks and Recreation District is not complete and he further feels that the imposition of impact fees for the District does not meet California State law requirements. Mayor McCormack inquired of the need for a Specific Plan for the AB1600 requirements. Town Attorney Cmbb stated that a Specific Plan is very detailed and the AB 1600 law is very complex and he would not recommend discussion of the law at this point. Ted Farley, Truckee resident, asked the Council when the impact fees, if approved/adopted will be implemented. He further inquired of the impact to a project which was completed some time ago and needs upgrading. He further inquired of a project which are designated apartments and are proposed to be converted and sold as condominiums. The law states that he is subdividing his land, which he contends he is not creating any new impact to the community. Town Council M~nutes Page 4 Community Development Director Lashbrook stated that a condominium conversion would be subject to the Quimby Act fee. The fee has been in existence for about ten years and was established by Nevada County at a rate of $750.00 per parcel. That is the only fee that is in place. If it a project consists of new construction it is subject to the impact fee, if the project includes subdivision of land it would be subject to the Quimby Act fee. However, a project cannot be subject to both fees. Councilmember Eagan suggested that it may be beneficial for Mr. Farley and Community Development Director Lashbrook to get together later to discuss Mr. Farley's project. Steve Randall, General Manager of the Recreation and Park District, stated that he attended the last public hearing held by the Town Council regarding the proposed impact fee and increase in Quimby Act Fee. Letters supporting the fees were provided to Town Council at the last public hearing. Town Council directed the Recreation and Park District to come up with alternative methods for figuring the proposed impact fee. It was first determined that the cost of land per acre in Truckee is $159,000. The Recreation and Park District received quotes from companies regarding the cost to develop an acre of park land. One quote received was $191,000, Placer County estimates a cost of $188,000 per acre to develop park land, a local company quoted $210,000 per acre. CounciLmember Drake asked Mr. Randall for an explanation of the comment made by Mr. A1 Sharfin relation to Placer County taxes not being received by the District. Steve Randall stated that in 1989 the District attempted to collect property taxes fi:om Placer County and was unsuccessful. The District does plan to approach Placer County again in an attempt to collect taxes from residents/property owners who are within the Recreation and Park District. Discussion ensued regarding development projects which are currently being proposed in Placer County which are located within the Recreation and Park District. Margaret Urke of CABPRO urged the Council to prioritize their use of available funds. The Town of Truckee has yet to know the impact of the implementation of Measure F, public safety and schools are very important to the community, these programs need funding assistance. Recreation and Parks are not as high a priority. She further stated that the Council has not heard any public comment in favor of the proposed impact fee. She suggested that the Council consider imposing half of the fees being proposed. The Council does not want the public to think that everything coming before the Town Council will be passed. Mr. Brad Stapley, Truckee resident, stated that he supports the public recreation program. He further stated that it is disheartening to know that you cannot practice for a ball game, the only time that you are allowed to use a playing field is when you have a game. The children need somewhere to go after school. The Recreation and Parks District provides somewhere for children to go. Town Council Minutes Page 5 Mr. Dan Wendin, Donner Lake resident, stated that he supports open/green space. Mr. Gary Talbot, local Building Contractor, stated that he felt as if the contractors were being singled out. The Town Council should come up with a better way to pay for recreation in Truckee. Mayor McCormack closed the public hearing. Mayor McCormack stated for clarification that asset value was not used in the revised methodology. Cost related fees were considered and the cost of replacement. Population and level of service was used in the Recreation and Park District proposal. Councilmember Drake stated that he has made the statement many times before that Truckee will end up imposing so many fees on development that no one will be able to live here. He further stated that he is amazed at the number of people who will speak up against Recreation and Park fees but do not speak against the Fire District, PUD, etc. Councilmember Drake further stated that in his opinion consolidation of Districts will come. The Town Council does have some power over the impact fees of certain Districts. Town Attorney Crabb stated that it is the Districts' responsibility to show a need and nexus test in order to be approved by the Town Council. If these things are shown/proven then the Council must vote to approve the impact fee. Councilmember Eagan stated that Quimby fees in Truckee do not work in the way that they were intended. A subdivision in Truckee could be approved and not developed completely for another 15 years. Councilmember Eagan further stated that she thinks that it is appropriate for the Recreation and Park District to have an impact fee, consistent with the General Plan and the needs of the community. There appeared to be a mismatch between the needs of the community and the methodology used by the District. Town Attorney Crabb stated that the Town Council does have the authority to say no to impact fees if that decision is based on the adopted General Plan. Further discussion took place regarding this matter. Councilmember Eagan stated that she would support an impact fee of $.35 per square foot. Should the Recreation and Park District feel the need to come back to the Town Council with a request for more, they may do so next year. Discussion ensued regarding the use of the money received by the Recreation and Park Dislrict. Community Development Director Lashbrook stated that it is a policy decision of Council whether or not the Recreation District should use existing undeveloped land prior to the purchase of new park land. Should Council decide to adopt this policy, the figures would be close to those presented by Mr. A1 Shaft. Community Town Council Minutes Page 6 RECESS: 9:04 P.M. - 9:14 P.M. 7.2 Development Director Lashbrook stated that total impact fees currently being charged in Truckee are somewhat lower than those in our area. It was moved by Councilmember Drake and seconded by Councilmember Eagan to approve the impact fee for the Recreation and Park District at $.40 per square foot based upon the fact that the District currently has adequate land for development. Mayor McCormack asked if there was any way to limit the manner in which the Recreation and Park District utilizes the funds generated by the impact fee. Councilmember Eagan stated that it is not Town Council's job to do the work of the Recreation District. They have to be accountable to the community. Community Development Director Lashbrook asked if the motion included the recommended findings with direction for the Recreation District to bring back findings to the Town Council with General Plan consistency. Councilmember Drake and Eagan indicated that the motion does include the recommended findings and direction to the Recreation District. Said motion passed unanimonsly. Discussion took place regarding Quimby Act fee. It was moved by Councilmember Eagan and seconded by Councilmember Drake to approve the increased Quimby Act fee at $1,009.51 as proposed. Said motion passed unanimously. Mayor McCormack called recess at 9:04 p.m. Mayor McCormack readjourned the meeting at 9:14 p.m. Public Hearing to obtain public input on potential Community Development Block Grant Programs. Community Development Director Tony Lashbrook stated that the purpose of this public heating is to obtain public input regarding proposed projects for CDBG funding, Last year the Town elected to submit an application for low interest loan grant to be loaned to low income households of persons ranting or owning a home in need of health and safety repairs. CDBG offers three types of grants, the first being the low income/low interest loans, the second is an Economic Development Grant which would be utilized to create more jobs in the community and the third is a Technical Assistance Program. The deadline for applications is quickly approaching and Mr. Jim Carney of Nevada County offices was in attendance to address the Council. The Town of Truckee did apply for a Community Development Block Grant last year which was denied by the State. Mayor McCormack opened the public hearing. Town Council Minutes Page 7 Mr. Jim Carney addressed the Council regarding last year's application for CDBG funds. The application was denied because the Town used the entire Town of Truckee as the target area for housing rehabilitation. This year the application will only include, as a target area, those census tracts which are low income. The Grant, if approved by the State, would be for $500,000 and would allow the Town to loan $32,000 per qualifying household for needed repairs. This would allow the Town to rehabilitate 16 to 18 units. The deadline for application is April 10, 1996. This item will be brought back to the Town Council for final approval on the application April 4, 1996. Councilmember Drake stated that he was concerned about staff time to administer the grant. Community Development Director Lashbrook explained that the grant would be administered through Nevada County, Councilmember Drake stated that it is a great program and he supports it. Discussion continued regarding the definition of low income households. Jim Carney stated that 7.5% of the grant, if approved, will be used to administer the grant. The Town of Truckee will provide a desk and phone for Nevada County personnel when spending time in Truckee. Mr. Scott Brandos stated that he would not have been able to complete the Sierra Tavern project without CDBG funding. He suggested that the Town pursue the grant. Mr. Steve Bartnic stated that he currently owns a duplex which was built in 1925 and is in need of repair, the building is located in the downtown area and he feels that he could benefit from the CDBG program. Mr. Bob Jensen stated that the past couple of months the Town has been raising the cost of building construction in Truckee. Now the Town Council is attempting to get money for rehabilitation of old homes, he did not think this was fair. Mayor McCormack closed the public hearing. It was moved by Councilmember Eagan and seconded by Councilmember Drake to direct staff to work with Nevada County and report back to Council with recommendation regarding potential CDBG projects. Said motion carded with Councilmember Cross abstaining from voting due to possible conflict of interest. STAFF REPORTS (taken out of order) 9.1 Trench Repair Standards Mayor McCormack stated that there are several people in attendance for item 9.1 and he would like to discuss that item now. Council had no objection to reviewing item Town Council Minutes Page 8 9.1 at this time. Public Works Director Tom Covey addressed the Council regarding Trench Repair Standards. He stated that the Standards are an attempt to lessen the impact of deteriorating roads in Truckee. These standards will reduce water intrusion which ruins the roadway. The Utility companies in the area are major contributors to Truckee's road problems. The proposed standards were reviewed by all those involved at three Utility Coordinating Meetings held at Town Hail. Thirty two changes were made from the original standards presented by the Town in order to accommodate all those involved. Public Works Director Covey further stated that he and Town Engineer Lander feel that they have a developed a good set of standards to be used after completion of trench work in the streets. Public Works Director went on to explain proposed grading of streets which would determine the standard to be used on the street. Director Covey further explained the new traffic control procedures. Each agency will have a Work Area Traffic Control Handbook and all traffic control will be handled in the same manner. Discussion took place regarding proposed mitigation fees in lieu of the utility companies doing the work in the right-of-way. At this time Director Covey explained the damage caused to Town roads by water intrusion. Discussion ensued regarding the life of trench repairs. Mr. Ron Hemig of Truckee Donner Public Utility District stated that the PUD has plans for a major water line repair to occur in Tahoe Donner this year. He has concems regarding the modifications which will need to be made to the plans. Mr. Keith Soures, representing TDPUD, addressed the Council regarding technical disagreements the PUD has with the proposed standards. They disagreed with the requirement of laying a one inch overlay over all trenches 300 feet or more. Mr. Soures further stated that he did some research regarding this matter and all those he contacted would not recommend a one inch overlay. Nevada County, for instance, would not recommend doing a one inch overlay. He asked that the Council not impose this portion of the standards. Mr. Peter Holzmeister, General Manager of Truckee Donner Public Utility District stated that they currently have the bid out for the Tahoe Donner project. It would be a major inconvenience and add significant cost to the project. He requested that Town Council not impose the one inch overlay section of the standards. He further requested that Town Council postpone the approval of any Town standards and allow PUD to utilize their own standards. Discussion took place regarding the PUD project in Tahoe Donner and the compaction required by the proposed standards. Mr. Brad Stapley of Truckee Sanitary District asked Council if they are in receipt of Mr. Butterfield's correspondence which asked Council to not take action on the proposed standards. TSD does not agree with the proposed standards. TSD's position is that the utility companies are not causing Truckee pot holes. Mayor Town Council Minutes Page 9 McCormack stated that Council just received Mr. Butterfteld's letter and have not had time to review same. Mr. Stapley stated that in TSD's opirfion, the one inch overlay will not work. Any cracks will surface through the overlay and it is a waste of money. TSD asked that they be able to utilize their own standards based on their previous record of doing good trench repairs. Mr. Chris Hershberger of Southwest Gas stated that they do not have a track record in this community, however, they have been in business for 60 years. In his experience utility patches do create additional deterioration of the road ways. However, he did not agree with ail requirements contained in the proposed standards. Some communities do have overlay requirements others require that ifa trench fails, the utility company is required to repair it. Southwest Gas does not agree with the 95% compaction requirement. 90% compaction is standard in most communities. Councilmember Drake stated that he would like to compliment staff for bringing forth new ideas, this appears to be a timing issue. The districts are utilizing the same tax payers money. Councilmember Cross stated that it is difficult to deal with issues Council does not fully understand. He further stated that the comment made by Mr. Soures in relation to Nevada County not recommending the one inch overlay is comical in that Nevada County is the entity which left Truckee with the deteriorating roads. When looking at an estimated additional cost of $50,000 to the PUD Tahoe Donner Project in a 32 million dollar project, it doesn't seem like a substantial additional cost to the project. Discussion ensued. Public Works Director Covey stated that he doesn't feel that 95% compaction is too hard to obtain. Town Manager Wright stated that Council could continue this issue to ailow staff time to work these issues out with the various utility companies. It was moved by Councilmember Eagan and seconded by Councilmember Drake to approve the Town of Truckee Trench Repair Standards as submitted, excluding the 1" overlay requirement and changing the compaction requirement to 90%, said motion passed unanimously. Councilmember Cross directed staff and the utility companies to work out the rest of the issues. Town Manager Wright stated that the staff report needs to be completed by noon on Thursday prior to the next Council meeting. Town Council Minutes Page 10 COUNCIL IMMEDIATE PRIORITIES (taken out of order) 8.1 UP/SP Railroad Merger Update Town Manager Stephen L. Wright informed the Council that the deadline to submit a Verified Statement to the Surface Transportation Board was March 29, 1996. The Town will submit three Verified Statements - one from himself, one from Leigh, Scott and Cleary, and another from Nolte Associates. Said Verified Statements will oppose the merger unless mitigation measures are imposed, and that once measures are imposed Truckee will withdraw its opposition. The Town is proposing to participate in the mitigation measures by providing one million dollars towards an undercrossing. At this time Town Manager Wright listed the proposed mitigating measures as 1) Western Undercrossing; 2) Easterly Undercrossing, which would eliminate the at-grade crossing, 3) no net increase to Air Quality PM-10; 4) No increase hazardous materials traveling through Truckee; 5) Operational issues regarding time of train traffic traveling through the Truckee at-grade crossing. Council discussed this matter further. Councilmember Drake inquired if it was necessary to oppose the merger. He stated that overall he is in favor of the merger. Councilmember Cross complimented staff for their efforts in this matter, he further stated that Town Manager Wright and Community Development Director Lashbrook have done an excellent job. Councilmember Cross further stated that he would like to commend Northstar for participating as a partner even though they are not a part of the Town or the County. Their continued support is very much appreciated. It was moved by Councilmember Cross and seconded by Councilmember Eagan to authorize the filing of Verified Statements with the Federal Department of Transportation, Surface Transportation Board in opposition to the rail merger, confirming the goals/targets mitigation plan as presented in the staff report. Said motion carried unanimously. 8.2 Solid Waste Plan Consultant Town Engineer Jon Lander stated that the Solid Waste Plan was part of the Town Council's priorities. He further stated that he feels good in recommending Califomia Waste Associates of E1 Dorado Hills, CA for the completion of the Town's Source Reduction and Recycling Element, Household Hazardous Waste Element, Non- Disposal Facility Element, environmental documentation and assist the Town with franchise negotiations. The possibility of creating an Ad Hoc Committee for these projects was suggested. Councilmember Drake stated that an Ad Hoc Committee sounds like a good idea should residents want to participate. Town Engineer Lander explained that the RFP for the project included an approved document. Further discussion ensued regarding negotiations of franchise agreement. It was moved by Councilmember Cross and seconded by Councilmember Eagan to Town Council Minutes Page 11 authorize the Town Manager to enter into an agreement with California Waste Associates to prepare the Town's Source Reduction and Recycling Element, Household Hazardous Waste Element, Non-Disposal Facility Element, environmental documentation and assist the Town with franchise negotiation. The contract is not to exceed $35,000. Said motion carded unanimously. 10. 11. COUNCIL MEMBER REPORTS Councilmember Drake reported that Ed Sylvester has recently been appointed to the California Transportation Commission. Mr. Sylvester was on the Nevada County Transportation Commission for 15 years. Council applauded this announcement. Councilmember Drake further informed Council that the Visitors Services Committee has submitted a grant application for the Visitors Center. Mr. David Kahn did an excellent job with the grant application. ADJOURNMENT Mayor McCormack adjourned the meeting at 10:44 p.m. Town Clerk Passed this 2nd day of May, 1996. Town Council Minutes Page 12