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2009-01-06 I I I TOWN OF TRUCKEE TOWN COUNCIL RESCHEDULED REGULAR MEETING MINUTES Tuesday, January 6, 2009, 6:00 p.m. Town Hall- Administrative Center 10183 Truckee Airport Road, Truckee, CA 6:01:50 PM 1. CALL TO ORDER - Mayor Brown called the meeting to order at 6:00 p.m. 6:01:10 PM 2. ROLL CALL: Council Members; Green, Anderson, deRyk-Jones, Vice Mayor Dee, and Mayor Brown. Staff Present: Town Attorney Crabb, Town Planner Hall, Town Manager Lashbrook, Community Development Director McLaughlin, Town Clerk Price, Administrative Services Director Szczurek, Senior Engineer Landry, Public Works DirectorlTown Engineer Wilkins, Assistant Engineer Thompson. 3. PLEDGE OF ALLEGIANCE - Led by John Faulk. 4. PUBLIC COMMENT - None. 5. 5.1 6:02:17 PM PRESENTATIONS Duane Hall, Town Planner, provided a Development Code Update. 5.2 Council Member Joan de-Ryk-Jones announced Planning Commission Appointment Cadie Olsen. 6. CONSENT CALENDAR Council Member Joan de-Ryk-Jones pulled Item 6.4 for further discussion. It was moved by Council Member Anderson, and seconded by Council Member Green, to approve the Consent Calendar as follows: 6.1 Approve Minutes of the Closed Session Meeting December 18, 2008 and the Regular Town Council Meeting of December 18, 2008. 6.2 Waive the second reading and adopt Ordinance 2008-06 to reduce pollutants in storm water discharge. 6.3 Approve and Authorize the Town Manager to execute the contracts for the provision of health benefits for Town Employees as outlined in the staff report. Mayor Brown abstained due to his conflict as a provider for the health insurance plan network. Town of Truckee Tuesday, January 6, 2009 Rescheduled Regular Page 1 The motion carried with the following vote; 6:10:22 PM Ayes; Council Member Anderson, Mayor Brown, Vice Mayor Dee, I Council Member Green and Council Member deRyk-Jones. Noes; None. Absent: Mayor Brown abstained on item 6.3. Abstain; None. The motion passed unanimously. 6.4 Prosser Lakeview Subdivision Snow Removal fuel modification contract amendment Recommended Action: Authorize the modifications to the existing Prosser Lakeview Subdivision snow removal contract with R-1 Snow Removal. Dan Wilkins, Public Works DirectorlTown Engineer, clarified the addition of motor grader does not change the guaranteed monthly minimum in the contract. The amendment will be processed next week. The Staff recommendation was moved by Council Member deRyk-Jones, seconded by Council Member Anderson, and carried with the following vote; 6:10:47 PM Ayes; Council Member Anderson, Mayor Brown, Vice Mayor Dee, Council Member Green and Council Member deRyk-Jones. Noes: None. Absent: None. Abstain; None. The motion passed unanimously. I 7. DISCUSSION ITEMS 7.1 PUBLIC HEARING - Workforce Housing Ordinance. Recommended Action: Conduct a public hearing, waive the first reading and introduce Ordinance 2008-09 amending the Truckee Municipal Code Title 13. and adopting a workforce housing ordinance. 6:14:02 PM Duane Hall, Town Planner, presented from the Staff Report. 6:26:45 PM John Faulk, Housing Advisory Working Group (HAWG) Chair, stated support for the Staff presented ordinance. 6:29:34 PM Council Discussion; . In-lieu fee is being established by the HAWG to be adopted by Council in the future. o The potential funding from the programs ability to fill the gap between construction and rents. o There is flexibility to lower the fee and combine it with other funding to provide housing. I Town of T ruckee Tuesday, January 6, 2009 Rescheduled Regular Page 2 I I I . Administrative Guidelines and Procedures (AG&P): o Guidance on item needing clarification or which are currently not addressed in the ordinance. . The in-lieu fee is based on a percentage of requirements. . The amount will be approved by Council and the formulas will be applied to the amount. . The Economic Analysis of the gap, HAWG will provide additional work with up to date figures. o In-lieu fee will be adjusted annually. . Developer can build the units or pay an in-lieu fee based on the developer's desires. . AG&P will help with applying the ordinance to projects. . Full Time Equivalents (FTE) increase or decrease dependant on the tenants of projects. o The rates will be established at the time of permitting. o Modifications to use in space will modify the FTE. o Housing requirement will be applied at the development of the project. . Developer can choose to use default rates in the ordinance or specific use information to calculate their FTE and identify their requirement. o The review authority will review the calculations. . Step-by-step implementation will provide the opportunity to see the cause and effect of each requirement. . The ordinance provisions should be evaluated annually. o HAWG will be evaluating the ordinance performance and the in-lieu fee amounts. . There are 300 to 350 units projected through the inclusionary requirement. . The current need from the redevelopment housing programs. . The workforce housing ordinance is based on a policy decision that half the housing should be provided by the developers of a commercial and or retail projects. . There are agreements regarding affordable housing and recreation and fire fees. o Town can reduce recreation fees on projects. Mayor Brown opened the Public Hearing asking for anyone wishing to speak in support or opposition to waive the first reading and introduce Ordinance 2008-09 amending the Truckee Municipal Code Title 13, and adopting a workforce housing ordinance. Pat Davison, Executive Director ofthe Contractors Association of Truckee Tahoe (CA TT), stated: . Actions taken by HAWG: o The reduction of burden on smaller projects. o How to apply the ordinance to existing projects. o Consideration of existing business moving. . Frustration regarding the lack of Geographic Information System (GIS) capability in the Town. o It would have been valuable to view the parcels affected by the ordinance. . Regarding the larger policy issues, CA TT is looking forward to: o A market analysis of the housing needs. o Consideration of weather the fifteen-percent residential covers the basis or provides a portion of the need? . What is the true gap? Town of Truckee Tuesday, January 6, 2009 Rescheduled Regular Page 3 o Should the fifty-percent language be modified to fit the ordinance? . Can we improve policy 1.3.4 to more closely match the ordinance? I Jamie Brimer questioned if developers are speculating on the number and type of employees generated by a business, in order to build housing forthose employees, what regulation will be implemented to ensure the housing is used by the employees of the project. Bill Fitch, Fitch and Cook Development, stated he became involved in this a month ago. As a developer of commercial and housing for the Hilltop project he will be required to provide housing for both residential and commercial development. Mr. Fitch believes this is "double dipping" for his project. Mr. Fitch believes this ordinance is incomprehensible. In response to Council question: . The project is subject to the inclusionary housing ordinance. . Will the Hilltop project provide more affordable housing than required? . Council made a policy decision to have a portion of the Town's affordable housing requirement provided by residential project developers. and a portion by commercial/retail developers. Bob Cook, Fitch and Cook Development, discussed: . The Hilltop example: o Agreement with Mr. Fitch regarding double dipping. o The difficulty to acquire funding for projects when there is uncertainty. . The ordinance will not provide enough certainty to developers to seek funding from investors. . With the vacancy rates increasing, workforce housing more I difficult when it is unclear. o Flexibility is better but more difficult for funding. . Requested modification of ordinance language. . Appreciates negotiated process. . Requested a rate for the in-lieu fees and a well defined model for calculation. John Faulk, Chair Housing Advisory Working Group (HAWG) responded to pubic comment: . The ordinance is more complex than the original, in response to developer needs. Simplicity removes flexibility. o Council and Planning Commission requested, with cause, the flexibility that created the complexity. . The ordinance is meant to reduce uncertainties not eliminate them. . In-lieu fee amount and the AG&P are in development with HAWG and will add a degree of predictability with the flexibility. . Planning will look at affordable housing proposals from developers to see if they fit the objectives. In response to Council questions: . Hilltop has both a residential and commercial project co-existing in one project with the same developer. There are two different and separate requirements on each and they are not the same requirement. . The HAWG will consider: I Town of Truckee Tuesday, January 6, 2009 Rescheduled Regular Page 4 I I I o Preference to employees of a project while maintaining the guidelines of fair and equal housing. . Regional approach with a circle of preference. o Eastern Placer County has developed ordinances for both inclusionary and workforce housing and both have failed the Placer County Planning Commission. o Should resident restrictions be encouraged, allowed or prohibited? . It is ill advised to restrict a property too much as it may prevent its rental o HAWG is seeking an appropriate amount of rental restrictions without undue barriers. Mayor Brown closed the public hearing. 7:10:28 PM Council Discussion: . Flexibility provides a full range of opportunities. . Workforce Housings goal is to meet the demand. . The Town is benefiting from the Northstar workforce housing. . Look forward to the AG&P. . Rural housing needs assessment: o Units and meeting objectives: . Regional housing needs allocation purpose for the Town to supply sufficient units, not necessarily to construct affordable housing. . The Housing element update will evaluate the programs and implementation to determine if we are meeting our needs. . Affordable housing occupancy rate: o Henness flats 85% occupancy. o Frishman Hollow 70% occupancy: . There are challenges with federal and state restrictions on the income level of affordable housing if state and federal funding is used. o Stoneridge 100% sold. o All units at 45% of area median income are rented. o On other projects the sales price was set too high. . Education on past projects has been used to refine the requirements. . Timing for the HAWG: o In-lieu fee needs to be set first. o Housing Element update is required on a timeline. o The AG&P afterwards. . Expected in the fall. . Regional housing numbers: o AG&P will address applications and qualification requirements. o Rent or sales prices are in the previously adopted ordinance related to family size and income levels. o The requirement for workforce housing exists in the General Plan and in the absence of this or another workforce housing ordinance the requirement is being applied on a case-by-case basis. . This requirement has been applied to projects since 2005. . There is a lack of certainty as there is no guidance in how to apply the requirement. . Adoption of the ordinance will provide a much greater certainty for staff review. Town of Truckee Tuesday, January 6, 2009 Rescheduled Regular Page 5 . Town can try and convince the state to provide the flexibility on their housing requirements based on local needs however, the possibility of success is low. I . Does it make more sense to adopt a work in progress ordinance or wait until the AG&P are complete? . Does the General Plan Policy use the correct percentage? . Is this the right thing to do? . Issues of the assumptions used: o The assumptions are not unreasonable. . Report back annually on generation arid results. o Annual housing report to Council will include the results from the ordinance. . The ordinance is not perfect but it is going in the correct direction. . As part of the ordinance, if a project does not generate the jobs its exempt. . HAWG priorities: o In-lieu first. o Update on Housing Element: . Three to five months. . AG&P clarification of requirements can be done sooner if the Development Code and Railyard Master Plan project review come off the priority list. Dissenting opinion: o Can not adopt without a needs assessment. o Can not adopt without an in-lieu fee calculation. o The ordinance is incomplete and therefore it is premature to adopt it. o It is the wrong economic time to adopt the ordinance. 7:26:58 PM The Staff recommendation was moved by Council Member deRyk.Jones, seconded by Council Member Anderson, and carried with the following roll call vote: I 7:55:06 PM Ayes: Council Member Anderson, Mayor Brown and Council Member deRyk- Jones. Noes: Vice Mayor Dee and Council Member Green. Absent: None. Abstain: None. The motion passed 3-2. 8:05:18 PM 7.2 COUNCIL PRIORITY - Truckee River Water Quality Monitoring Plan (TRWQMP) Implementation. Recommended Action: Approve restructuring of the Donner Pass Road Bike Lane, Trout Creek Restoration Project, Storm Water Management Plan, and Truckee River Water Quality Monitoring Plan Capital Improvement Program (CIP) budget as recommended in the Staff report; Provide direction as to development of additional funding for water quality monitoring as recommended in the staff report. Dan Wilkins, Public Works DirectorfTown Engineer, presented from the Staff report. Staff requested an additional recommendation: Direct staff to submit a letter to Lahontan I objecting to mandating TRWQMP implementation. Town of Truckee Tuesday, January 6, 2009 Rescheduled Regular Page 6 I I I 8:37:25 PM Council Discussion: o Lahontan appeared willing to compel Caltrans and Union Pacific to participate. o Pursuit of funding from Caltrans and Union Pacific. o Current monitoring is being done and is currently unused. o What do we need to do to unite the monitoring programs? o Collaborative coordination effort. o Guidance to pursue a uniform program. o Timeline of the phasing: o The monitoring Phase I begins now up to five years. o Phase II begins at the fifth year up to ten. o Placer County as it relates to the Martis Valley, the development is required to do water quality monitoring for development impacts only. An assessment district was established and funds the monitoring in the Martis Valley. In response to Council questions: Lisa Wallace, Truckee River Watershed Council: o Regional development has been mandated to monitor based on their specific land use. o In some cases the data may correspond with storm water, it's not fair to assume the monitoring will relate to storm water. o Truckee River Operating Authority (TROA) monitoring is for biological resource monitoring, impact on the fishery, and maybe have a correlation with storm water impacts. o Town can not assume the present monitoring will assist with information on storm water. o Truckee River Watershed Council (TRWC) looking at the data currently produced. o TRWC reviews in a none-regulatory capacity. o Anyone can examine the data from the Martis Valley. o Squaw Valley Ski Village provides trend data on biological resources. o The TRWQMP will compete with Council Priorities; it is a Council decision regarding how much funding Town will commit to the TRWQMP. o Committee developed the plan and Council is in charge of funding. o Trout Creek project diversion from project funding. Type of monitoring. o Stream restoration requirement is a monitoring plan that consists of building the project and determining if it worked properly. . That type of assessment monitoring is part of the grant. . Performance monitoring is different from what is proposed in the grant. . Staff will approach the grant administrator with a proposed change from the assessment to the column monitoring. o Placer County's successful grant application was used as a guideline for the Town's grant application. o The monitoring site identified on the figure was added after the Council approved the final report that did not include this site. o The site will provide valuable data that can be applied elsewhere in Town. o National Pollutant Discharge Elimination System (NPDES) Federal, State and local requirements. o Incorporate in the letter to Lahontan to reconsider the mandate for Truckee as we are under the program. Town of Truckee Tuesday, January 6, 2009 Rescheduled Regular Page 7 Mayor Brown opened the item for public comment Lisa Wallace, TRWC stated: o Lahontan staff's report on the TRWQMP is favorable. The Board does not have to take an action. o The Capital Improvement Program (CIP) budget change recommendations makes sense. o TRWC will not comment on funding requirements - noted the staft recommendations focus on monitoring, not on the total implementation plan. o Disagreement with the Martis Valley Monitoring Plan Characterization. o Recent and rapid land use changes in the Martis Valley. o Performance monitoring is to understand impacts based on land use. o The change is more dramatic. o The TRWC recommends Council request the granting agency allow the monitoring station under the Proposition 50 grant funding be allowed to be placed at the Donner and Cold Creek location. o TRWC will advocate with the agency for the change. o Essentially moving Phase II work to Phase I. o Suggested a conference call with the consultant and advisory committee to discuss how valid the site choices from the study are. o The efficacy of performance monitoring. o Subcommittee provided time and eftort on the monitoring plan and it is disheartening to hear that work may be dismissed. o Does not agree with the submission of a letter objecting to the mandate. o Believes not having this item before the committee first is a process violation. Pat Davison, Executive Director of the Contractors Association of Truckee Tahoe (CA TT): o Thanked Council for not implementing a local fee. o Supported Staff's recommendation to not generate new funding sources. o Recommended using Town current assets to fund the monitoring program. o Will attend the Lahontan Board meeting to express the CA TT stance on the monitoring plan. o Recommended the letter to Lahontan include a request that Lahontan compel Caltrans and the Union Pacific to be funding partners in the monitoring program. John Faulk, Legislative Advocate, Tahoe Sierra Board of Realtors (TSBOR) and Chair for Storm Water Citizens Advisory Committee (SWCAC): o Expressed frustration as a professional lobbyist and committee member. o The demands placed before you are extensive, the issue is one of funding. o The sub-committee recommendations should be done and can be done with the funding necessary. o It a question of where do we put our resources and to what end. o Information exchange and inclusion into the program to the benefit of everyone. o At the end of the day Council will have to make a funding priority. In response to Council questions: The committee did not meet on this issue. Full committee met three or four times on the plan and a subcommittee met regarding the monitoring. Express concerns regarding the Town repeating the Tahoe Regional Planning Agency commissioning a lot of studies without a lot of action. Mayor Brown closed public comment. Town of Truckee Tuesday, January 6, 2009 Rescheduled Regular Page 8 I I I I I I . 9:31 :53 PM Council Discussion: . It is a funding questions: o Should be discussed during the priority and budget discussions. . Committing to funding outside of a priority discussion. . Council will need to buy into a long term plan that may not include grant funding. . Moving monitoring on Donner and Cold Creeks using project grant funding. . Seeking monetary participation by other Caltrans and Union Pacific Railroad. . Annualized cost of the monitoring sites. . Value of performance monitoring: o It will look at the broader watershed to determine if there are impacts that may have been missed through compliance monitoring. o Identify long term trends. o Potential of identifying particular incidents or problems. o Help better understand problems that the watershed may face. o Help ensure that everyone takes necessary steps to not affect the water quality. . By educating on the affects of the Best Management Practices (BMP) or other compliance requirements. . The value of the monitoring is to those in the watershed not the rest of California therefore it is not an unfunded State mandate it is our responsibility and general fund money should be used: o Ensure we pay for the monitoring. o Ensure that we all pay for the monitoring. o For the record Council Member Anderson stated: The Staff report text focuses on unfunded mandates, which is a side issue and not important. . An antidote regarding compliance monitoring of for Air Quality and vehicle emission monitoring was used. . Town can find the money through efficiencies or reprioritize expenditures. o Protection of the environment and the river is a high priority for our community. o Cutting the education and funding for the Town in half will provide the funding for the monitoring program. o Benefit from staff to the community. o Apply redevelopment money downtown for the capital costs. o Fund as a resource of general fund revenue. o The funding amount required for the monitoring plan is a modest of part of the Town's revenues. o It is a moral imperative. o Seek grant funding. o Seek discretionary project approval funding. . The commitment to monitoring needs to be with an understanding that grant funding may run out and whatever level of commitment is established will require ongoing funding. . Seek funding partners. . Seek the best position for the monitoring site location. . The Staff recommendation will direct Staff to work with the Proposition 50 grant funding administrators to divert money from the monitoring outlined in the grant scope to monitoring defined in the TRWQMP. . CIP budget changes for tracking. o Seek a change in scope applied to the grant to use it for performance assessment monitoring rather than the compliance assessment monitoring currently in the grant. Town of Truckee Tuesday, January 6, 2009 Rescheduled Regular Page 9 o The $148,000 will not decrease the project. The project cost will be backfilled with Measure V or AB1600 funds to implement the project. o On Trout Creek the amount of work will decrease in relation to the amount of money used for the monitoring. . If general fund money is to be pursued then the decision needs to be part of the budget process. . Staff has just cut $750,000 from this year's budget to reflect the amount of revenue under projection. In this context the funding amount is significant. . For next year, Staff has been directed to cut an additional five percent ($1,000,000). . Most of the money we spend is based on mandatory services the Town provides. o Additional state mandates will limit the Council's ability to deal with Town priorities. o Objecting to a state mandate is not an objection to water quality. o There was no state mandate regarding the Air Quality issues in Truckee, Council took the action without a mandate because it was the right thing to do. . lahontan's history is, once a recommendation is implemented it is never rescinded and if there is no objection from the Board to the presentation the staff will implement the recommendation. . Address adjOining partners. I Council Direction: . Do not send a letter objecting to the monitoring requirement as an unfunded mandate, but ask for implementation leeway due to budget constrains. . Attend and participate in the Lahontan Board meeting. o Work with Lahontan Staff. . If a letter is still necessary bring it to Council for approval. I Clarification on the direction: . Regarding the CIP budget restructuring: o Communicate with the grant administrators to determine if they will allow the use of Proposition 50 funding for the monitoring plan as discussed. o Taking the money from the CIP for the monitoring program will be held off until the budget process. . Regarding the communication to the Lahontan Water Board meeting: o Staff will communicate to Lahontan that the funding identified for the monitoring stations in the plan is grant funding that has been frozen by the State, and it is therefore funding of the plan is uncertain. The motion to provide direction to staff to pursue grant funding for the monitoring program was moved by Council Member Joan de-Ryk-Jones, seconded by Mayor Brown, and carried with the following vote: 10:19:24 PM Ayes: Council Member Anderson, Mayor Brown, Vice Mayor Dee, Council Member Green and Council Member deRyk-Jones. Noes: None. Absent: None. Abstain: None. The motion passed unanimously. Town of Truckee Tuesday, January 6, 2009 Rescheduled Regular Page 10 I I I I The motion to provide direction to staff to pursue discretionary project approval funds and approve restructuring of CIP budgets as recommended in the staff report was moved by Council Member Green, seconded by Council Member Anderson, and carried with the following vote: 10:20:58 PM Ayes: Council Member Anderson, Mayor Brown, Vice Mayor Dee, Council Member Green and Council Member deRyk-Jones. Noes: None. Absent: None. Abstain: None. The motion passed unanimously. 10:21:12 PM 8. COUNCIL REPORTS Vice Mayor Dee . Caltrans District III is moving forward on placement of Truckee highway signs. 9. ADJOURNMENT - 10:23:13 PM To the regular meeting of the Truckee Town Council January 15, 2009, 6:00 p.m. at Town Hall, 10183 Truckee Airport Road, Truckee, CA. Respectfully submitted, APPROVED: / /7 {;~ //;:Wl( ~_. Dr. Mark Brown, Mayor Town of Truckee Tuesday, January 6, 2009 Rescheduled Regular Page 11