HomeMy Public PortalAbout1994-04-21 Town of Tmckcc
TOWN COUNCIL
REGULAR M[lrrlNG
APRIL 21, 1994
6:00 P.M~
Tmckee Donner Public Utility District Boanl Room
11570 Donner Pass Road
CALL TO ORDER Mayor Eagan called the meeting to order at 6:08 PM.
ROLL CAII, Town Manager Wright called the mil. Council Members Aguera,,
Carpenter, Cross, and Mayor Eagan were present. Council Member Botto was excused.
Also present were Town Manager Stephen L. Wright, Town Attorney J. Dennis Crabb,
Public Works Director Jori Lander, Community Development Director Tony Lashbrook,
and Executive Secretary Linda Filbin.
PI I~GE OF P,l I~FGIANCE. All those in attendance stood for the pledge of allegiance
led by Jacqui Gay.
PUBLIC COMMENT. No public comment.
PRESENTATIONS:
5.1
Truckee Tahoe Skating Rink Association. Bob Yoder gave a presentation on this
proposed project and displayed a model of the multi-ptapose rink. It is proposed
to be built in an area between the rodeo grounds and Highway 267, and plans to
serve the Truckee Tahoe Basin area. The proposed cost of the facility is
$1,200,000. The Council indicated general support of the efforts of the
Association, although there is no money available to contribute.
5.2
Proclamation regarding Nordic Ski Teams. Mayor Eagan presented a
proclamation to Tahoe-Truckee High School Nordic Ski Coach, John ~.
CONSE2NT C.~I~NDAR. Council Member Aguera moved, seconded by Council
Member Carpenter, which motion passed unanimously, to approve the consent calendar
as follows:
6.1 Minutes from April 7, 1994 Regular Meeting. Approved.
6.2 Motion to Waive Reading of Ordinances. Approved.
6.3 Adoption (Second Reading) of Parking Ordinance. Adopted.
]V~nutes of April 21, 1994 Regular Meeting
Page 2 --
6.4 Adoption (Second Reading) of Bed & Brealffast Ordinance. Adopted.
6.5
Establishment of Town Position for Town Planner and Building Inspector. Motion
to Adopt Resolution approving temporary hourly rate for Building Inspector and
establishing salary range for Town Planner position. Adopted.
6.6
Approval of Amended Sierra County Animal Control Agreement and authorization
for Town Manager to execute same. Approved, with modification to add that
should the maximttm of $3500 in any year be reached, the Town would have no
further obligation to provide service unless Sierra County authorizes further
payment.
6.7
Approval of Sign Grant Agreement and Adopt Resolution authorizing Town
Manager to execute same. Approved.
6.8
Approval of USFS Master Agreement for Road Improvements and Adopt
Resolution authorizing Town Manager to execute same. Approved.
PUBLIC HF, ARIN~~P~I.q
7.1
River View Village: Reconsideration of Town Council Denial of a change of
zone fi.om R-1 to R-1-7500-PD-X and a forty (40) lot tract map with consideration
of a Negative Declaration and Direction to staff.
Mayor Eagm opened the public heating at 6:34 PM regarding the above-
referenced denial. The Council accepted all past project documents. Director
Lashbrook made a presentation describing the background of the project, a brief
description of the project, the crux of the hearing with respect to state law and
limitations, General Plan consistency, and traffic issues.
Director Lashbrook displayed a diagram of the project to show the road system
and access to and fi'om the project, including proposed intersection improvements
for traffic flow, which would provide significant improvement on River View
Drive, including a sidewalk from Highway 267 through the project that would be
added. Intemal narrow roads would also be provided.
Director Lashbrook reviewed staff report emphasizing the limitations on review
of the project imposed by State law.
Gordon Shaw of Leigh, Scott & Cleary was introduced to present how the traffic
study was conducted. Mr. Shaw explained that he used a four-step process which
included traffic generation, traffic distribution, assignment of distribution and
IVfinutes of April 21, 1994 Regular Meeting
Page 3
examination of overall impact. He attempted to use conservative assumptions,
e.g., no bypass, explained level of service (LOS), and said that even though there
would be mom trips generated by the project, overall there was no significant
adverse impact.
Director Lashbrook explained that it was Plannlng's task to review the project
based upon general plan consistency and traffic, subject to the limitations imposed
by State law. Plannings recommendation is (a) adopt a negative declaration, (b)
approve the zoning and (c) approve the tentative tract map.
Attomey Crabb explained that under a motion for reconsideration, only those
issues contained in said motion (traffic and general plan) can be considered.
Findings must be supported, as if being defended in a court of law, and cannot be
comprised of emotions, anecdotal feelings, etc.
There was continued discussion regarding traffic and zoning matters. The project
applicant, Tom Boekbinder, then spoke about the project and his philosophy
regarding affordable housing. The Mayor then asked for public comment, and
reminded speakers that only two issues were allowed-traffic and general plan
consistency.
Jim Smith asked Attomey Crabb if traffic impacts at Commercial Row were a
significant cause to justify denial of the project? Attorney Crabb said yes if such
a finding of those impacts was established; however, LOS F would occur even
without the project. Mr. Smith asked whether or not the bypass is approved,
would additional traffic fi.om Gooseneck and other traffic on Highway 267,
wan'ant denial? Attomey Crabb said no, it would not. Mr. Smith stated that this
project is small, but that cumulative traffic is what should be considered.
Attorney Crabb responded that the legal limitations of review of affordable
housing projects preclude denial based upon cumulative impacts.
Denny Anderson asked if LOS F was enough reason for denial? He also said that
the traffic study did not take into account Reynolds Way and Highway 267.
Hans Osterman said he represented the senior citizens who are scared of the
development, that it will add noise and other upsetting elements to their lives. He
stated that although the seniors do not want to infringe on others' property rights,
the seniors would like to keep the status quo. Seniors do not want to be moved
and have concem for the inner road system.
Don Colton spoke about street standards and the traffic study.
Minutes of April 21, 1994 Regular Meeting
Page 4
Fred Bradbuty mentioned sidewalks and future population.
Denny Dickinson said that he had written the Town Council a letter on April 21,
1994, citing the matter of a gate being placed for emergency access only, and then
the gate being removed making a through street. He said the developer should
mitigate the problem.
Kathy Kreiger talked about traffic issues, asking if an EIR is required by CEQA.
Regarding general plan consistency, she suggested that there was an opportunity
to postpone the project until the general plan has been adopted, and asked if this
was the granting of another variance.
Don Casler said that he is a proponent of the project and spoke about traffic
concerns and zoning density and general plan consistency.
Chuck Holt asked for clarification, i.e., are we bound by six options? Did Mr.
Shaw take into consideration the Town's corporation yard with respect to traffic
flows?
Don Bennett asked is there a limit where no development would be allowed?
With no further public comment, Mayor Eagan called the public hearing to a close
at 7:52 PM.
There followed mom questions from Council directed to Mr. Shaw and the traffic
study and discussion about affordable housing requirements. Mayor Eagan moved
to adopt a negative declaration and directed staff to file a notice of detemiinafion
pursuant to Town rules to implement CEQA, which Council Member Carpenter
seconded, and the motion was unanimously passed. A brief discussion ensued
by Council Members that they were feeling frustrated with the process that the
Town's "hands are tied." Mayor Eagan expressed concern about cmulative traffic
impacts and that this project alone could not justify an adverse effect. Mayor
Eagan also recognized that although the number of homes does not seem large,
it creates an impact when it is "in your own backyard." Mayor Eagan told the
applicant that the Council did not know some facts before this meeting. Council
Member Cross said that he had not been looking at the cumulative impacts at the
time; rather, he interpreted only the project's impacts.
Mayor Eagan moved that the Town Council introduce to fn'st reading by title only
an ordinance to change zone from R-1 Single Family to R-1-PD-X Single Family
7500 sf lot minimum planned development-restricted subdivision subject to the
Minutes of April 21, 1994 Regular Meeting
Page 5
findings recommended by the Planning Commission and staff. The motion was
seconded by Council Member Carpenter and unanimously passed.
Mayor Eagan said she felt concern that ail issues had not been addressed.
Director Lashbrook spoke about the woodstove buy-back policy which was an
oversight. There was a question regarding the gate, i.e., can a locked gate be in
place? Should this be researched? Town Manager Wright suggested that the gate
issue be withheld until that determination is made at the PD hearing. Mayor
Eagan asked if this was a TSSA (Town Special Service Area). Town Manager
Wright said he remembered discussion on this matter. Director Lashbrook said
that language could be included to bind the developer to not protest the formation
of the special district. Mayor Eagan mentioned the 20-year deed restriction on the
10 units, and spoke about the concept of owner-occupancy to assure qualifiers for
low-income housing would not rent their units out. Director Lashbrook said that
the residents will pay their fair share of maintenance and should be reflected in
the subdivision's CC&Rs. Discussion continued regarding these matters.
Mayor Eagan moved for approval of Tentative Tract Map 93-004 as recommended
by the Planning Commission subject to conditions as modified herein and based
upon the findings as modified herein. Council Member Carpenter seconded the
motion, and motion was unanimously passed.
Mayor Eagan asked to take agenda item 9.1 out of order because a representative in attendance
needed to drive home following the discussion.
9. STAFF REPORTS
9.1
Placer Waste Stream Agreement. Memorandum of Understanding between the
Town of Truckee and Placer County concerning the Eastern Regional Landfill.
Revisions in the MOU were addressed. Public Works Director Jon Lander stated
that the Town has an opportunity to join in a regional system, with Placer County
being the lead. Director Lander explained that the Town would comprise 35% of
the waste stream system and that there are benefits to being a participant. He then
introduced Will Dickimon of Placer County to answer questions from Council.
Discussion followed on the subjects of insurance coverage, such as what type of
coverage would the Town need, the Town's liability; the contract with the
Lockwood facility in Nevada; rates with respect to increases; term of agreement;
tipping fees; cost-effectiveness; release fi'om agreement; AB939; CSA #7;
timeliness; and options. Mayor Eagsn called for a break, and the Council
reconvened at~er ten minutes.
1Wlnutes of April 21, 1994 Regular Meeting
Page 6
9.O
10.
11.
Public Comment: Jim Goulding said that he preferred the Town to be a "co-
insured." Attomey Crabb said that types of insurance coverage are offered and
the Town will have to take what k is offered. Mr. Goulding also commented that
he liked the way Truckee's current operation is mn, i.e., the customers do not have
to pay a "per can" fee. He said that all Truckee residents, Nevada and Placer
County, should pay the same fees.
The staff was directed to (1) bring back a clearer picture of the process and fees,
and (2) work with Placer County to modify the language in the MOU.
COUNCIL IMMEDIATE (9-12 MONTH) PRIORITIES
8.1
Review of General Plan Vision Statement and Direction to sta~. Director
Lashbrook revised the Vision Statement prepared by the consultant to mom
accurately reflect input from Council and citizens. There was considerable
discussion regarding the components and wording of the statement. Director
Lashbrook was directed to revise the statement again, based on comments from
the Council, and bring it back to the next regularly scheduled meeting.
STAFF REPORIS
9.2 Fee Reduction or Waiver Requests. Director Lashbrook said that he sent the
proposed policy to various agencies for feedback, and that one-quarter of the
agencies responded. The feeling is that the agencies should pay for the cost of
services. Mayor Eagan asked what if there is undue hardship? How does the
policy define that situation? Director Lashbrook said the language gives some
flexibility. Mayor Eagan suggested the language to dictate "no fee waivers."
Town Manager suggested that an applicant must provide an extraordinary finding.
Council Member Cross said that the Town needs a fund established for fee
waivers, thus paying for the fee rather than waiving it.
Staff was directed to modify the language based on input and be placed on the
consent calendar at the next regularly scheduled meeting.
UNFINIS~ BUSINESS. None.
11.1
Council Member Cross distributed information regarding TransCal Field
Operational Test Program Abstract, a two-year program for Council's review.
Cross also said that the Nevada County Transportation Commission approved a
letter for $2.41 million revenue for right-of-way acquisition from Highway 49 to
Minutes of April 21, 1994 Regular Meeting
Page 7
12.
13.
be reallocated to the Highway 267 Bypass. Additionally, Cross said that there is
$91,000 potentially allocated for the Town's use which could possibly be used for
the Town's portion of local matching funds for the Glenshire Bridge project.
There is no guarantee of these funds, as they are discretionary. There are also
Section 18 funds of $11,600 due to the Town to be used for transportation-related
projects, which will flee up LTF monies. It was suggested that Public Works
Director Lander write to Dan Landon of the NCTC for the Glenshire Bridge to be
included in the STIP. There will be an "Unmet Needs" hearing on May 18 at
9:30 AM at the Senior Center in Truckee. Staff was directed to inform the public
and appropriate agencies about the hearing.
The Mayor provided a stares report on the Cui-ui fish matter stating (1) every
effort is being made for clear and complete communication among all agencies;
(2) that she sent om a letter recapping the results of the negotiations meeting and
that Council will receive copies; (3) the Cui-ui fish began their movement early
which is positive news.
Council Member Cross showed the Council the colors (orange and dark green) of
the Town's new trolleys.
Council Member Carpenter commented on Solid Waste, saying that parcel charge
adjustments will be on Tuesday's agenda, and that the recommendation to the
Board of Supervisors will be for a rate decrease.
CLOSED SESSION. No closed session.
ADJI3URNIV~NT. Mayor Eagan adjoumed the meeting at 11:07 PM.
Respectfully submitted,
Approved the 5th day of May, 1994.