Loading...
Draft Minutes�s r4 6rrsheajB6 AGENDA ITEM 6.1 TOWN OF TRUCKEE TOWN COUNCIL Closed Session Minutes December 10, 2019, 5:15 p.m. Town Hall - Administrative Center 10183 Truckee Airport Road, Truckee, CA 1. CALL TO ORDER — Mayor Tirman called the meeting to order at 5:20 p.m. 2. ROLL CALL: Council Members; Klovstad, Commendatore, Vice Mayor Polivy, and Mayor Tirman. Absent: Council Member Abrams. Staff Present: Kim Szczurek, Administrative Services Director; and Andy Morris, Town Attorney. 3. PLEDGE OF ALLEGIANCE — deferred 4. PUBLIC COMMENT — none. 5. WORKSHOP ITEM 5.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION — Title Town Attorney, Government Code Section 54957. Reportable Action Taken: none. 6. ADJOURNMENT - 5:55 p.m. To the regular meeting of the Town Council, December 10, 2019, 6:00 p.m. at 10183 Truckee Airport Rd, Truckee, CA 96161. Approved: Respectfully submitted by: David Tirman, Mayor Judy Price, MMC, Town Clerk Town of Truckee December 10, 2019, Town Council Closed Session Page 1 AGENDA ITEM TOWN OF TRUCKEE TOWN COUNCIL REGULAR MEETING MINUTES December 10, 2019, 6:00 p.m. Town Hall - Administrative Center 10183 Truckee Airport Road, Truckee, CA CALL TO ORDER — Mayor Tirman called the meeting to order at 6:00 p.m. 2. ROLL CALL: Council Members; Klovstad, Commendatore, Vice Mayor Polivy, and Mayor Tirman. Absent: Council Member Abrams. Staff Present: Riley Powers, Engineering Technician; Jason Vickers, Engineering Technicians; Hilary Hobbs, Management Analyst; Jessica Thompson, Senior Civil Engineer; Nicole Casey, Senior Accountant; Christina Earnhardt, Administrative Services Manager; Randy Billingsley, Police Captain; Mike Vaughan, Senior Civil Engineer; Deverie Acuff, Police Support Services Manager; Todd Landry, Senior Civil Engineer; Dan Wilkins, Public Works Director/Town Engineer; Denyelle Nishimori, Community Development Director; Andy Morris, Town Attorney; Kim Szczurek, Administrative Services Director; Jeff Loux, Town Manager; Becky Bucar, Engineering Manager; and Judy Price, Communications Director/Town Clerk. 3. PLEDGE OF ALLEGIANCE — recited in unison. 4. PUBLIC COMMENT Robby Burleson, Coburn Crossing resident, read from written comment (on file with the Town Clerk). Deirdre Henderson, Group Leader, North Tahoe Chapter of the Citizens Climate Lobby: • Provided an update to the Energy Innovation and Carbon Dividend Act (Federal Legislation (HR 763)) that Council endorsed in April. o Status of Republican sponsorship of the bill. o Stated additional legislation is being discussed. o Stated the Columbia University Study report on the positive impact from the legislation. o Reviewed the Senate's action to create a Climate Solutions Caucus. o Noted an increase in the discussion of Climate topics. o Stated that Council's actions in April encouraged participation by other local agencies and businesses. o Stated reducing our carbon footprint with a national price on carbon is the best gift this holiday season. Matt Tucker, member North Tahoe Chapter of the Citizens Climate Lobby, stated: • He has traveled to Washington three times in the past two years to lobby congress, and reported by on his experience: Town of Truckee December 10, 2019, Town Council Regular Page 1 AGENDA ITEM o Market change in conversation, now focus on the merits of the bill. o Quoted from the Washington Examiner. o Provided his assessment of future Republican participation in the Climate discussion. 5. PRESENTATIONS 5.1 Becky Bucar, Engineering Manager, introduced Riley Powers and Jason Vickers, Engineering Technicians. Mayor Tirman opened the presentation items to public comment. Seeing none, Mayor Tirman closed public comment. 6. CONSENT CALENDAR It was moved by Council Member Klovstad, and seconded by Vice Mayor Polivy, to approve the Consent Calendar as follows: 6.1 Approve the Minutes of November 12, and 26, 2019. 6.2 Accept and File Truckee Chamber of Commerce Integrated Marketing & Communications Plan quarterly report. 6.3 Authorize the Town Manager to execute three Public at Grade Crossing Agreements with Union Pacific Railroad to identify maintenance responsibilities for and allow public access across the balloon track crossing in the Railyard. The Consent Calendar carried with the following vote: Ayes: Council Member Klovstad, Vice Mayor Polivy, Council Member Commendatore and Mayor Tirman. Noes: none. Absent: Council Member Abrams. Abstained: none. The motion passed 4-0. 7. COUNCIL REORGANIZATION • Selection of Mayor. David Tirman will call for nominations for Mayor: o Council Member Commendatore nominated Vice Mayor Polivy to serve as Mayor. o With no additional nominations being made. The nomination carried with the following vote: Ayes: Council Member Klovstad, Vice Mayor Polivy, Council Member Commendatore and Mayor Tirman. Noes: none. Absent: Council Member Abrams. Abstained: none. The motion passed 4-0. Town of Truckee December 10, 2019, Town Council Regular Page 2 AGENDA ITEM • Selection of Vice Mayor. The New Mayor will call for nominations for Vice Mayor o Council Member Tirman nominated Anna Klovstad to serve at Vice Mayor. o With no additional nominations being made. The nomination carried with the following vote: Ayes: Council Member Klovstad, Vice Mayor Polivy, Council Member Commendatore and Mayor Tirman. Noes: none. Absent: Council Member Abrams. Abstained: none. The motion passed 4-0. • Comments from outgoing Mayor. • Presentation from Mayor Dave Polivy to outgoing Mayor Tirman. Mayor Polivy opened the item for public comment. Seeing none, Mayor Polivy closed public comment. 8. DISCUSSION ITEMS Mayor Polivy announced that Item 8.6 will be continued to a future meeting. 8.1 STAFF REPORT - Acceptance of the Annual Financial Statement and Audit Report for Fiscal Year 2018-2019. Recommended Action: Accept the Town of Truckee Annual Financial Statements and Audit Report for the year ended June 30, 2019. Nicole Casey, Senior Accountant, presented from the staff report. Ms. Casey introduced Justin Williams, Principal, Mann, Urrutia, Nelson Certified Public Accountants (presentation on file with the Town Clerk). Council Discussion: • The GANN limit was put in place with Proposition 13 to limit tax increases. It was created to limit Town's ability to increase taxes to an exorbitant level. • The depth at which the audit examines varies by fund and potential risk. Mayor Polivy opened the item for public comment. Mike Cooke, Donner Lake resident, questioned what is driving the Transient Occupancy Tax Increase. Response: Mayor Polivy responded with a general increase in visitation with a good winter and increased compliance rate for vacation rentals. Additional Response: Nicole Casey, Senior Accountant, Host Compliance has assisted in the increase based on compliance, the acceptance of credit card payments has increased compliance, and the Truckee TBID market as a destination. Town of Truckee December 10, 2019, Town Council Regular Page 3 AGENDA ITEM Mayor Polivy closed public comment. The staff recommendation was moved by Council Member Tirman, seconded by Council Member Commendatore, and adopted with the following vote: Ayes: Council Member Tirman, Council Member Commendatore, Vice Mayor Klovstad and Mayor Polivy. Noes: none. Absent: Council Member Abrams. Abstained: none. The motion passed 4-0. 8.2 STAFF REPORT - Annual Trails Update, Paved Trail Maintenance, and Amenity Sponsorship Program. (30 Minutes) Recommended Action: Accept annual trails update presentation; receive information from staff regarding long-term paved trail maintenance; and authorize Town Manager to execute the Trail Amenities Adoption Program Agreement with Truckee Trails Foundation. Becky Bucar, Engineering Manager, presented from the staff report (presentation on file with the Town Clerk). Council Discussion: • Measure R does not have any requirements regarding what percentage of funds is to be spent on construction versus maintenance. • Regarding the indemnification requirement: the Town looks for opportunities to reduce the risk to the Town for Amenity Program. It is within Council's purview to remove the indemnity clause. o Council expressed an interest in sharing in the indemnity with the Trails Foundation. • A Community Facilities District (CFD) is based on a boundary. All voters, or property owners within the district have a weighted vote. The larger the boundary the more difficult it is to establish the district. • The $26,000 is complete maintenance and snow removal costs per mile. • Measure R sunsets in 2024. • Questioned if there is a budget plan for 2024 and beyond for Measure R. • Town has a significant Fund balance, and will likely expend the funds to complete the construction of the high profile trail projects. • The Town has trail counters and collects data that is used as a base for decision on maintenance and snow plowing. o Are we counting anything on private trails. o Gray's trails are getting additional usage. • Amenity Sponsorship — Corporate: o Keeping it to a plaque with no logo, minimizes the Corporate affects. The plaques will have the name of a person or business. Mayor Polivy opened the item for public comment. Written Comment Received from Lisa Holan (on file with the Town Clerk). Alison Pedley, Truckee Trails Foundation, stated: Town of Truckee December 10, 2019, Town Council Regular Page 4 AGENDA ITEM • The Legacy Trail phase 4 is exciting. • Consistency in maintenance is important. o Look at the numbers and discuss funding options. o Clear all the snow. • There is full support for the Amenity Program: o Members and Donors of the Trails Foundations came up with the idea. Suzie Tarnay: • Recommended a formal method of trail maintenance. Currently it is not terribly reliable. • Maintenance is a gross oversight that needs to be remedied. • Continue to pursue Community Facilities District (CFD) for new developments. • Regarding usage, if we invest in the infrastructure it will bring usage. • Provided details from Sweden. • Stated this will reduce greenhouse gasses. • Stated investment in cycle infrastructure increases business activity. • Stated Town needs a more concrete method of enforcement. Paco Lindsay, Truckee Trails Foundation: • Urged Council to look at the options. • Provided examples of the users' perception of trail maintenance in Truckee. • Fair distribution of cost from those that are responsible pay for the maintenance is important. • Original discussions stated funding should be 80% construction 20% maintenance, however this was not affirmed in the ballot language. • Expressed concern that additional maintenance could produce a shortfall of Measure R funding. Mayor Polivy closed public comment. Council Direction: Annual Trails Update Presentation • No substantial comment. Direction regarding long-term trail maintenance issues. • Consider this as a goal for the next year for budget funding. • Consistency is important. • Issues of fairness with trail construction versus maintenance funding by development projects. • Town wants the trails to be plowed for year round use. • Development agreements did not include snow removal as part of the deal. o Town should prioritize it as part of the budget process. o Accept the cost of snow removal upon the Town. • Thanks to the Trails Foundation for being drivers on this issue. • Town should get private entities to help offset the cost of the maintenance. • Caution that this is a big annual number for maintenance. o Continuation and potentially an increase in Measure R funding in the future. • Take a tiered priority approach to more critical trails. Town of Truckee December 10, 2019, Town Council Regular Page 5 AGENDA ITEM o Core, secondary, and tertiary trail maintenance plans. o Pioneer would be a priority. Trail Amenities Adoption Program • Great opportunity. The staff recommendation to authorize the Town Manager to execute the Trail Amenities Adoption Program Agreement with Truckee Trails Foundation, was moved by Council Member Commendatore, seconded by Council Member Tirman, and adopted with the following vote: Ayes: Council Member Commendatore, Council Member Tirman, Vice Mayor Klovstad and Mayor Polivy. Noes: none. Absent: Council Member Abrams. Abstained: none. The motion passed 4-0. Mayor Polivy adjourned for a brief recess at 7:47 p.m. Mayor Polivy reconvened the meeting at 7:58 p.m. 8.3 STAFF REPORT — Petition to the Truckee Town Council Regarding Drainage in the Green Point Subdivision. Recommended Action: Council take the following actions: 1) Provide an opportunity for Green Point Property Owner representatives to present their petition and supporting information at the December 10, 2019 Town Council meeting. 2) Clarify that the status of West Reed Avenue is a non -Town maintained public right-of-way. 3) Reaffirm previous Town Council direction, that for West Reed Avenue to be accepted for maintenance by the Town, it will need to meet the Design and Construction; On-going Maintenance; and Minimum Property Tax criteria of the Town's roadway acceptance policy, as is true of all such situations. 4) Reaffirm previous Town Council direction, that if residents of West Reed Avenue are interested in creating some form of a neighborhood -generated road maintenance funding source, the Town will provide appropriate technical assistance to facilitate that process. 5) Direct Town staff to only spend time and public resources on those future public inquiries related to West Reed Avenue which present new information that has not been responded to previously. Dan Wilkins, Public Works Director/Town Engineer, presented from the staff report (presentation on file with the Town Clerk). Emilie Kashtan read from written comment (on file with the Town Clerk). In Response to Council Questions: • Emilie Kashtan: o Was unaware that the petition required signatures. She has a list of roughly 40 (90 Parcels) people that have supported her over the years. o She did not get signatures on the petition. o The $50,000 Engineer's report Mr. Wilkins noted was done to abandon the road. Town of Truckee December 10, 2019, Town Council Regular Page 6 AGENDA ITEM • Council: o Petition demonstrates unity behind the effort. • Emilie Kashtan stated: o She worked with others to condemn Donner Lake Water Company after a boiled water notice. o She has written a letter regarding the drainage not being restored. o Stated she was obstructed from being heard at a Lahontan meeting by the Town. • Council questioned: o Why a Homeowner Associations (HOA) or assessment district has not yet been formed. • Emilie Kashtan: o In the past 16 years HOA's became a requirement after the fact. • Dan Wilkins stated: o The Town right-of-way is 25 feet wide. The actual road is between eight and ten feet wide. o Drainage varies by time of year. ■ Perennial flows are likely a dozen. ■ Permeant drainage courses are one or two. o Percentage of Donner Lake privately maintained Roads versus Town maintained roads, appears to be about 60% to 40%. o Town does not maintain Denton Road. There may be a homeowners' association (group) that maintains the road. • Emilie Kashtan: o Access from Donner Pass Road and does not have drainage issues. ■ Although she is not directly impacted by West Reed Avenue issues, she is passionate about this as a community member. Mayor Polivy opened the item for public comment. Written comment (on file with the Town Clerk) received from: Brian Boone Emilie Kashtan Greg and Shelly Henderson Lorelle Banzett Michael Ingegno MD and Lori J. Wheeley Sam Gharabally Stephen Gurney Candace Cohen -Paul Gerardo Rodriguez Kenneth Barrenchea Maureen Coveney Bolen and John Bolen Patrick and Mary Taylor Shirin Coleman Ted Anstedt & Suzanne Oldfield Loretta Hitch, West Reed Avenue resident, stated: • She moved to a home that backs up to West Reed Avenue in 2003. • She is a second homeowner who rents her home out on a short term basis which contributes to the Towns Transient Occupancy Tax (TOT) revenue, her renters contribute to Town revenue. • In 2003 there was a more defined ditch on the north side of West Reed Avenue. • As a second homeowner she did not sign the petition, as she is not here often. • Provided information regarding her observation of a lack of drainage into culverts on nine out of ten new homes on the street. • Questioned when people do not follow the permit requirements for drainage that Town of Truckee December 10, 2019, Town Council Regular Page 7 AGENDA ITEM impact other homeowners. • She can access her property from a street above West Reed Avenue that is an Ice Rink in the winter. • Utility should comply with their permits. There should be a method for the Town to enforce the permit requirements. Jack Kashtan addressed issues raised in the staff report. • Disputed, based on personal observation, the filling in of ditches with construction material. • Stated Mr. Wilkins does not know when the Montano road was graded. It was graded in 2004, based on personal observation. o Three separate consultant reports the drainage was affected by the road grading. o Stated the Town has a responsibility when another agency alters drainage causing damage. o Town should require the Montano road to be returned to its natural contours and restore the drainage. • Stated the ditch channels downhill flows from the East to West Reed Avenue where it is directed at the neighborhood though ditches and culverts. • The culverts under West Reed Avenue pre -date the construction of Donner Lake Road which has added flow to the limited culvert capacity. • Argued that the Town maintains other non -conforming roads. Asserted that the road was simply forgotten in master road lists. • The staff report states the funding for maintaining West Reed Avenue is unknown. The adjacent property and homes generate enough property tax revenue to maintain the road. • Stated the property owners on West Reed Avenue are entitled to the same level of road maintenance as others in the Town. • Stated the Council responsibility to protect the citizens not the staff of the Town. Council should protect the citizens from flooding whenever possible. • Review the materials submitted by the neighbors and staff skeptically and make your own decision. • Regarding the Homeowner Associations, it has not been formed based on liability for the drainage. Dave Campbell: • Stated he is a full time resident, adding he, along with his partner, purchased property on the uphill side of West Reed Avenue in July. • Questioned what will happen if the Town doesn't take the road over. o Provided anecdotal information regarding his employer and job. o Stated he could do the work himself. • Spoke regarding his love for Donner and observed it is starting to look like a third world country. • Stated maybe is there room to do some repairs to the road. o Urged Council to look at the history and see if there is room to do some repair. • Stated the Fire department staff does not want to go up into this area. Bob Ferwerda, East Reed Avenue resident, stated: Town of Truckee December 10, 2019, Town Council Regular Page 8 AGENDA ITEM • There are major drainage issue unrelated to the Road. o The Town has a responsibility for the draining issue. o Staff is focused on details and is not seeing the big issue. • He does not get a tax break based on not having road access. • A HOA is hard to do after the fact. • There is a need for road maintenance agreement as a minimum. • Town has a moral obligation, if not a legal obligation, to do something. • Currently there is volunteer road maintenance. • The government agency has an obligation to go further than the fine point of the road. • In our community less than 10% are permeant resident. The 90% second homeowners are poorly represented. Gerardo Rodriguez -Gomez family stated: • He has been both a full-time and second homeowner. • There is no formal or informal neighborhood association. • Requested direction and assistance with the drainage and maintenance. • They need something from the Town to help them get in and out of their homes. • Questioned if they pay enough taxes, adding they do not get a discount. • These challenges will cause the property values to suffer, and will decrease the property taxes collected. • Appreciate the research done by staff and Emilie. • When their house was purchased, they were told it was a private street, privately maintained. • It was through significant expense to himself and a small group that determined the road is a public road. Mike Cooke, West Reed Avenue homeowner as well as owner of a residence on the upper road: • Thanked Emilie Kashtan, road adoption might be up for debate, benefit if the Town adopts the road is to Donner Lake as a whole. • Stated this is a big challenge. • Provided speculation on the neighborhood in 1925. • Stated the Lake is vital to Truckee, adding this could be a legacy for the Town to stand on. • Stated it is odd that the homeowners should have to ask for this. • Stated Donner Lake roads are troublesome so they are left to their own residents to maintain. • Stated they pay the same tax funding as everyone else. • Provided a witness account of the 2017 West Reed Avenue washout. Max Bailey stated drainage is destroying homes. Mayor Polivy closed public comment. Council Discussion: • The Town does not issue grading permits to special districts for work on private property. o The Town does issue a permit for encroachments on Town right-of-way. Town of Truckee December 10, 2019, Town Council Regular Page 9 AGENDA ITEM o Encroachment permit allows access to the public right-of-way. • The Town did issue permits in 2002-2003 to the Truckee Donner Public Utility District (TDPUD) to install waterlines, and Southwest Gas installed gas lines. • The mountain side is the source of drainage. It is under 1-80, and under Donner Lake Road. This is a hillside and water flows downhill. o Construction can alter the flow of the drainage. • Town was given all County owned roads. o The county passed on the same responsibility it had to the Town. o Lafco would have spelled out any expectations for the Town to maintain all roads. • Delzura is in the Armstrong Track. o The structures that currently exist flow to Donner Lake. There is active erosion on the mountainside as a natural occurrence. The question of changing the drainage from Interstate 80 (1-80) or other structures causing additional erosion is challenging to determine. • In 1960 1-80 was constructed. Additional work was done on 1-80 drainage in the early 2000's. • Montano property will have to come through a discretionary review process for anything but a single family residence. • Delzura is a Town maintained road. • There are Town maintained roads that are narrower than our standards streets. • There was no Town participation in the three consultant reports on drainage referred to by Mr. Kashtan. • Generally, the focus of Town investment is related to projects adjacent to roadways. • Town does not have a flood control district. • In the past, the Town acceptance process has been requested by HOA's, except for Joerger Drive. • The cost to bring the road up to compliance was estimated at $600,000. o The Shaw report did not get the road to a current standard. It would have improved drainage, but not widen the road. In today's dollars it would be about three times the $600,000. o The Town is maintaining the drainage patterns that were constructed with the Road in 1960. • Not clear if the drainage from Donner Road was repaired or if new drainage was created. It is not a rock lined human constructed ditch. • Shaw study did acknowledge the existence of drainage issues. It is obvious that there is a problem. • In order to form a maintenance or assessment district, the property owners have to consent. o It takes a 50%+1 vote of the property owners with a weighted vote. • Shaw report: o Did not prioritize the improvements. It presented a package. o The fact that west end of the road has washed out. The source of that water and issue would likely be a high priority for repair. o Phasing in the construction of finite portions of the improvements is possible. Recommendation Four: 4) Reaffirm previous Town Council direction, that if residents of Town of Truckee December 10, 2019, Town Council Regular Page 10 AGENDA ITEM West Reed Avenue are interested in creating some form of a neighborhood -generated road maintenance funding source, the Town will provide appropriate technical assistance to facilitate that process. • Support all efforts to form an assessment district. • The Town was created because residents did not get the services from the County. o Town has a duty to represent the citizens of Truckee. • There is an opportunity to spend Town time and money to assist in creating the assessment district. o There will still be a disconnect to get it up to the Town standards. • There are other streets that the County has maintained that the Town now maintains. The Town can consider accepting a road that is too narrow but otherwise accepted as a road in good repair. • Part of the assessment district process would be that the Town would have to accept the street for maintenance. o A HOA could be formed but not collect funding; the funding from the assessment district would fund the maintenance. • Two different approaches that have differences but ultimately raise funds to maintain the road. • Improvements can be performed in anticipation of collecting funding. • It is possible to borrow money from future assessment district revenues. • $2.0 million. $20,000 to get it up to standards with additional to maintain it into the future. • For reference, the Town estimates $26,000 to maintain an eight -foot wide trail, per mile. • There are a couple neighbors exploring the effort, but do not represent the property owners as a whole. • Create an organized maintenance funding. • One strategy is to do the entire project and maintenance. Another is to create the funding source for ongoing maintenance so improvements can be done incrementally. • Questioned whether the Town could front seed money to get things started. If there is interest from the majority of property owners. Recommendation One: 1) Provide an opportunity for Green Point Property Owner representatives to present their petition and supporting information at the December 10, 2019 Town Council meeting. • Done. Recommendation Two: 2) Clarify that the status of West Reed Avenue is a non -Town maintained public right-of-way. • Supported. Recommendation Three: 3) Reaffirm previous Town Council direction that, for West Reed Avenue to be accepted for maintenance by the Town, it will need to meet the Design and Construction; On-going Maintenance; and Minimum Property Tax criteria of the Town's roadway acceptance policy, as is true of all such situations. • Reaffirmed process. Town of Truckee December 10, 2019, Town Council Regular Page 11 AGENDA ITEM Recommendation Five: 5) Direct Town staff to only spend time and public resources on those future public inquiries related to West Reed Avenue which present new information that has not been responded to previously. • Town is not going to continue to debate the ownership status of the road, but will allow technical assistance to support the district assistance. It will take agreement of 30 property owners expressing interest in pursuing a road maintenance district for Town to consider providing assistance to get there. The staff recommendation, with added clarification on Recommendation Five (above), was moved by Mayor Polivy, seconded by Vice Mayor Klovstad, and adopted with the following vote: Ayes: Mayor Polivy, Vice Mayor Klovstad, Council Member Commendatore and Council Member Tirman. Noes: none. Absent: Council Member Abrams. Abstained: none. The motion passed 4-0. Mayor Polivy adjourned for a brief recess 10:05 p.m. Mayor Polivy reconvened at 10:12 p.m. 8.4 PUBLIC HEARING — Fiscal Year 2018-2019 AB 1600 Traffic and Facilities Impact Fee Public Hearing and Fee Adjustments. Recommended Action: Conduct a Public Hearing on Fiscal Year 2018-2019 AB 1600 fee revenues and expenditures; and adopt Resolution 2019-70 making findings to retain AB 1600 fees collected in excess of five years ago, which remain unspent, and approved the annual AB 1600 program fee adjustment. Mike Vaughan, Senior Civil Engineer, presented from the staff report (presentation on file with the Town Clerk). Mayor Polivy opened the public hearing asking for anyone wishing to speak in support or opposition to the action stated above. Pat Davison, Government Affairs Manager, of the Contractors Association of Truckee Tahoe (GATT), thanked Mike. Appreciates the professionalism and courtesy. Mayor Polivy closed public comment. The staff recommendation was moved by Vice Mayor Klovstad, seconded by Council Member Commendatore, and adopted with the following vote: Ayes: Vice Mayor Klovstad, Council Member Commendatore, Council Member Tirman, and Mayor Polivy. Noes: none. Absent: Council Member Abrams. Abstained: none. Town of Truckee December 10, 2019, Town Council Regular Page 12 AGENDA ITEM The motion passed 4-0. 8.5 PUBLIC HEARING — Urgency Ordinance Adopting Amendments to Development Code Standards for Secondary Residential Units. Recommended Action: Conduct a public hearing and adopt Ordinance 2019-10, approving an urgency ordinance to adopt amendments to Development Code Section 18.58.230 (Secondary Residential Units), Tables 2-2 and 2-3 of Section 18.08.030, Tables 2-7 and 2-8 of Section 18.12.030, and Table 2-10 of Section 18.16.030; in order to implement recent State of California legislation regarding accessory dwelling units and junior accessory dwelling units. Laura Dabe, Assistant Planner, presented from the staff report (presentation on file with the Town Clerk). Council Discussion: • Jan Zabriskie has been advocating for the removal of the standard of a three -acre lot size for Accessory Dwelling Unit (ADU) on septic. • Town staff can omit any reference to lot size and include requirements to have approval by the appropriate health regulatory agencies (Nevada County Health and Lahontan). • Staff did not want to mislead the public when both agencies have not responded regarding the three -acre minimum requirement. • According to new state law, detached ADU approved after January 1, 2017 cannot be short-term rented. • Legally you can rent the main house and live full time in the ADU. • The junior ADU cannot be short-term rented. An ADU, if it is old, could be short term rented and the main house can be short term rented. Mayor Polivy opened the public hearing asking for anyone wishing to speak in support or opposition to the action stated above. Written Comment (on file with the Town Clerk) received from: Jan Zabriskie Pat Davison, Government Affairs Manager, of the Contractors Association of Truckee Tahoe (CATT) Pat Davison, Government Affairs Manager, of the Contractors Association of Truckee Tahoe (CATT), read from written comment (on file with the Town Clerk). Valerie Brinker: Spoke in support of Jan Zabriskie's word changes to the ordinance. Repeated comments from Pat Davison. Stated if additional bedrooms can be added on septic, why not accommodate the workforce. Peter Greenberger, CATT, • Repeated information from Jan Zabriskie's written comment. • Requested the removal of the seven words. Mayor Polivy closed public comment. Town of Truckee December 10, 2019, Town Council Regular Page 13 AGENDA ITEM Council Direction: Modify H. as follows: Water supply and sewage disposal. All water supply and sewage disposal shall be provided by an established community system or by an on-site system approved by the Nevada County Environmental Health Department. A secondary unit shall not be allowed on a parcel that is served by an on-site septic system unless approval is obtained from the Nevada County Environmental Health Department and the unit complies with the Lahontan Regional Water Quality Control Board. The staff recommendation was moved by Vice Mayor Klovstad, seconded by Council Member Tirman, and adopted with the following vote: Ayes: Vice Mayor Klovstad, Council Member Tirman, Council Member Commendatore, and Mayor Polivy. Noes: none. Absent: Council Member Abrams. Abstained: none. The motion passed 4-0. 8.6 STAFF REPORT — Town Legislative Platform. Recommended Action: Adopt the Town of Truckee 2019-2020 Legislative Platform. Item 8.6 was tabled without consideration. 9. COUNCIL REPORTS Council Member Commendatore Attended a Housing Funding Advisory Committee Meeting. Attended a meeting on wildland fire. Attended the Truckee River Operating Authority (TROA) meeting. Vice Mayor Klovstad • Attended the Town Holiday Party. • Met with Richard Anderson, Nevada County 5th District Board Supervisor. Council Member Tirman • Took a Police ride along with Sergeant Lisa Madden. • Attended the Town Holiday Party. • Met with Army Veteran Orlando Gonzales. • Met with Grad Student regarding public health. Mayor Polivy • Met with Cassie Hebel and Mike of the Truckee Downtown Merchants Association (TDMA). • Spoke to students at Sierra College. • Attended the Ballot Measure advisory committee meeting. • Attended the Town Holiday Party. • Attended the Truckee Tourism Based Improvement District (TTBID) meeting. Town of Truckee December 10, 2019, Town Council Regular Page 14 AGENDA ITEM 10. ADJOURNMENT — 10:48 p.m. To the regular meeting of the Truckee Town Council January 14, 2020, 6:00 p.m. at Town Hall, 10183 Truckee Airport Road, Truckee, CA. (Note: The December 24, 2019 Council meeting has been cancelled.) Approved: David Polivy, Mayor Respectfully submitted by: Judy Price, MMC, Town Clerk Town of Truckee December 10, 2019, Town Council Regular Page 15