HomeMy Public PortalAbout2004-02-05 TOWN OF TRUCKEE
TOWN COUNCIL
REGULAR MEETING MINUTES
February 5, 2004, 6:00 p.m.
Town Administrative Center
10183 Truckee Airport Road, Truckee, CA
1. CALL TO ORDER - Mayor Susman called the meeting to order at 6:00 p.m.
2. ROLL CALL: Council Members Owens, Ingalls, Florian, Vice Mayor Threshie,
and Mayor Susman.
Also Present: Community Development Director, Tony Lashbrook, Chief of Police,
Scott Berry, Associate Planner, Heidi Scoble, Senior Engineer, Patrick Perkins,
Associate Engineer, Todd Landry, Administrative Assistant, Jaime LaChance,
Records Technician, Denali Garcia, Police Officer, Arnie Lopez, Town Attorney,
Dennis Crabb, and Judy Price, Town Clerk.
3. PLEDGE OF ALLEGIANCE - Led by Juanita Schneider
4. PUBLIC COMMENT
Maia Schneider, Truckee Resident, questioned what discussion points are included
in item 8.1 in order to determine what public comments would be appropriate under
this open public comment time. Response: Mayor Susman stated prior to opening
item 8.1 Staff will present the discussion points in which Council will be deliberating.
Mayor Susman stated a second open public comment period would be allowed at
that time to facilitate public comments on discussion points not under consideration.
Denny Dickinson, Truckee Resident, invited everyone to a Joint Council and Foothill
Area Land Use Commission forum on March 3, 2004 at 6:00 p.m. at Town Hall. Mr.
Dickinson stated copies of the Land Use Compatibility Plan are available at the
Truckee Library for public review.
Bill Griffin, Owner of New Moon Natural Foods, urged Council to seek input from
citizens not in attendance at the public meetings and to consider opinions of citizens
not represented by a special interest group.
Joel Quist, Truckee Resident, requested Council agendize an item to discuss issues
with workers compensation fraud, unlicensed contractors and the hiring of illegal
aliens by contractors to undercut competition.
5. PRESENTATIONS
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February 5, 2004 Regular
Page 1
5.1 Introduction of new employees:
Patrick Perkins, Senior Engineer, introduced Todd Landry, Associate Engineer;
Tony Lashbrook, Community Development Director, introduced Jamie LaChance,
Administrative Assistant; Judy Price, Town Clerk, introduced Denali Garcia,
Records Technician; and Scott Berry, Chief of Police, introduced Arnie Lopez,
Police Officer. Each a welcome addition to Town staff.
6. CONSENT CALENDAR
It was moved by Councilmember Florian, seconded by Councilmember
Owens, and unanimously carried to approve the Consent Calendar as follows:
6.1 Approved Minutes of January 15 and 22, 2004.
6.2 Authorized the Public Works Director/Town Engineer to execute a contract
amendment with Bickett Engineering in the amount of $32,875 for the purpose of
expanding the landscape design for the SR-89/I-80 Roundabouts.
7.0 PUBLIC HEARINGS
Continued Public Hearing from December 18, 2003 and January 7, 2004.
Mayor Susman announced this item is a continued Public Hearing (Item 7.1) and
was incorrectly agendized as a Council Priority (Item 8.1 ) on the agenda.
7.1 Council approved as follows: (Agenda Item 8.1)
· Adopted Resolution No. 2003-54 certifying the Final Environmental Impact
Report; approving the use permit, planned development, tentative map,
and lot line adjustment for the project, subject to conditions as amended
by Council Action;
· Adopted Resolution No. 2003-53 abandoning public utility and access
easements within the north half of Sections 11 and 2, T17N, R16E, MDBM,
subject to conditions;
· Adopted Resolution No. 2003-56 approving the Gray's Crossing Specific
Plan;
· Waive the first reading and introduced Ordinance No. 2003-07 approving
an amendment to the Zoning Map and Development Code to modify the
Scenic Corridor boundaries as depicted on Sheet 31 of a the Zoning Maps;
· Waive the first reading and introduced Ordinance No. 2003-08 approving a
development agreement between the Town of Truckee and East West
Partners as amended by Council Action;
· Agendized for February 19, 2004 the second reading and adoption of
Ordinance Nos. 2003-07 and 2003-08. After the adoption of the ordinances
the resolutions will then become effective on March 20, 2004.
Tony Lashbrook, Community Development Director, previewed the meeting order.
Town of Ttalckee
February 5, 2004 Regular
Page 2
· Staff Presentation on Development Agreement & 19 points
· Applicant Presentation
· Questions from Council
· Open Public Comment only on issues raised in the Staff Report & Discussed
in the presentations
· Close Public Comment
· Applicant Rebuttal
· Council Discussion
· Council Deliberation & Action
Mayor Susman reopened public comment to consider comments and questions
related to the proposed public hearing procedures.
Seeing no additional comment Mayor Susman closed public comment.
Mr. Lashbrook continued the staff presentation reviewing; the staff
recommendations, and the nineteen (19) points of discussion and clarification from
Council Direction at the January 7, 2004 continued public hearing.
1. Local definition- Modify development agreement to provide more specific
language on the definition of a "local" related to qualifying for affordable and
local for-purchase housing units. Specifically mentioned was the loophole
created by a buyer "intending to open a business" in the Truckee area.
Although the Development Agreement does not contain a term for "locals",
Section 2.6 of the Development Agreement provides a description of the
how a person may qualify for the affordable housing units, which
adequately addressed this concern.
2. Public and lodging access to golf course - Modify development agreement to
state that use of the golf course by lodging guests is "not precluded" and provide
limited local access- at least one day a week- which may include local school
use. See Section 3.5.3 of the Development Agreement.
3. Public Use of golf cart paths when the golf course is not actively in use for
golfing - Clarify this definition so that it is clear that public use is allowed during
the portions of the day and evening that golf is not being played and during
those times of year that the golf course is not open. See Section 3.5.2 of the
Development Agreement.
4. Golf cart crossings of Prosser Dam Road - Modify project conditions to specify
that the golf cart crossings will be constructed below grade unless it is
documented to the satisfaction of the Town Engineer that it is infeasible to do
so. See condition of approval number 30 in Resolution 2003-54.
5. Expanded Water Quality Monitoring - Town hired consultant to oversee
development of water quality monitoring program that will require appropriate
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February 5, 2004 Regular
Page 3
monitoring during pre-construction, construction and post construction operation
of the project with emphasis on the golf course. Town hired consultant to
conduct actual testing and reporting. See condition of approval number79 of
Resolution 2003-54.
6. Natural Resource Management Plan (NHRMP)- Town consultant to review
Chemical Application Management Plan (CHAMP) and NHRMP and advise the
Town as pad of the final approval process for these documents. Final approval
of the documents by the Planning Commission prior to the initiation of
construction of the golf course. See condition of approval number 80 of
Resolution 2003-54.
7. Transit Plan - Required plan to include an implementation strategy and funding
from East West Partners, if necessary, based upon the outcome of the Plan.
Transit plan approved by Town Manager based upon current language. See
Section 3.7 of the Development Agreement,
8. Transit Users - Modify condition 57 to make it clear that project residents get to
ride the transit system. See condition of approval number 55 of Resolution
2003-54.
9. Lodging Facility - Add section to development agreement identifying the mutual
interests of the parties to expand the lodging facility beyond 120 rooms if market
conditions would support. This section would require dialogue at a future time -
for instance at the completion of development agreement phase 2 regarding the
potential economic feasibility of such an expansion and potential town incentives
that could be considered. See the last paragraph on page four in Section 1.2
of the Development Agreement.
10. Hotel/Fractional Ownership - Use Mammoth Mountain provisions regarding
fractional/hotel room split. Amenities and services must be consistent with a
hotel. See the last two paragraphs of Section 1.2 of the Development
Agreement.
11.Performing Arts Center - In addition to incorporating a location in the Gray's
Village- modify the development agreement to require East West Partners to
plan, design and develop a construction strategy for a cultural/performing arts
center. Actual construction would assume a broad base of community funding
partners and an owner/operator for the facility. See Section 3.10 of the
Development Agreement,
12. Commercial triangle and nine (9) acre rectangular parcel- Modify development
agreement so that East West Partners agrees to give these properties to the
Town or other community entity approved by the Town, when the sites are
approved for a future public use or public benefiting use (i.e.: affordable
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February 5, 2004 Regular
Page 4
housing) determined as part of a collaborative community process and approved
by the Town and East West Partners. See Section :3.8, of the Development
Agreement. Note the provision to rescind the public benefit if litigation or
a referendum is filed on the project as requested by East West Partners.
13. Consideration of future amendments to the Specific Plan - In accordance with
the General Plan Planned Community 2 (PC-2) policy 15, add a provision to the
development agreement stating that prior to the initiation of construction of
development agreement phase 3 the Town and East West Partners will discuss
possible modifications to the plan to allow new or additional development as
may be supported by the General Plan in effect at that time. Any change could
only be pursued with the consent of both parties under the terms of the
development agreement. See Section 1.10.4 of the Development Agreement.
14. Live Work Loft Affordability- Planning Commission recommendation stands.
Based on the cost of constructing the specific units, the applicant is
requesting the Council modify the affordability requirement to allow the
units to be sold at median income levels of 3 and 4. It is staff's opinion that
the developer has a valid concern regarding the pricing. Therefore, staff
recommends that the 21 live/work lofts be allowed to sell at market rate. In
exchange for this change, the staff would recommend that 21 additional
cottage units be sold at a median income level for a household size of 4.
This would provide a total of 59 out of the 89 cottage units to be sold at
affordable levels.
15. Use of village for community events - The development agreement will contain a
provision allowing the use of the village area for appropriate community events.
East West Partners will have final approval authority over the suitability, timing
and location of the event - but approval will not otherwise be withheld. There
may be appropriate wording available from Mammoth Lakes. See Section 3.9
of the Development Agreement.
16. Joint Community Facilities Agreement (JCFA)- Modify development agreement
to indicate that Town will support the establishment of a JCFA subject to
negotiation of an appropriate public benefit or fee. See Section 3.6 of the
Development Agreement.
17. All conditions and mitigation measures will be incorporated into the development
agreement. See Section 2.1 of the Development Agreement.
18. In the development agreement clarify the definition of minor and major changes
as referenced in the agreement. See Section 1.10 of the Development
Agreement.
19.There was an initial direction that Town Attorney Dennis Crabb will carefully
Town of Truckee
February 5, 2004 Regular
Page 5
review the final draft of the development agreement to ensure that the Town's
legal interests are protected. Dennis Crabb, Town Attorney has drafted the
attached Development Agreement.
Mr. Lashbrook outlined the community benefit packaged being offered by the
developer.
· Regional employment opportunities
· Economic Benefit to General Fund
o Net positive in the amount of plus $600,000.00
· Recreational Benefits
o On and off-site pedestrian/bike trails
o Public golf
· Housing
o 225 Affordable Housing Units
· Transit
o Transit Link
· Land Dedications and Donations
o Commercial Triangle and Rectangle for Community Uses
· Open Space
o 418 Acres of Designated Open Space
o 0.25% Transfer Tax for purchase of open space
· Infrastructure
· $1.3 million dollars in infrastructure upgrades for the community
Applicant Presentation:
Rick McConn, representing East West Partners, added the community benefit
package also includes; two church sites, a middle school site, utility improvements
to current local residents beyond the project, and a "hire and buy local" policy. A
summary of the community benefit package was presented and is on file with the
Town Clerk.
Mayor Susman re-opened the Public Hearing asking for anyone wishing to speak in
support or opposition to the issues raised in the Staff Report and discussed in the
presentation.
Stefanie Oliveri, representing MAPF (Mountain Area Preservation Foundation) and
Sierra Watch stated these groups in no way support the golf course. The
Development Agreement should reflect the same strength as that requested of
Placer County on the proposed developments for the Martis Valley including:
· Baseline data on water quality
· No self monitoring programs for water quality
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February 5, 2004 Regular
Page 6
· No pesticide or"rodenticide" use on the golf course
· Gray's be a chemical free golf course (Utilize Squaw Creek golf course water
quality management program,)
· Apply the water quality monitoring requirements suggested by Vice Mayor
Threshie retroactively to Old Greenwood and Coyote Moon.
· Consider if the restrictions on items 11 and 12 are limiting the citizens legal right
to a referendum or lawsuit.
Maia Schneider, Truckee Resident, stated she is not a lobbyist for this or any other
development, and has no interest in the development and provided the following
comments:
· Water quality should be managed by the fifteen (15) local elected members of
agencies i.e. Lahontan and California State Water Management, etc. which
have the expertise to manage water quality not the Town.
· The public benefits offered by the developer exceed all the expectations and
legal mandates on the project.
· Advocated the public process and opposed the meetings with Town, the
developer and special interest groups.
· Don't risk the development agreement that is not required for the development.
· Recognize this is a precedent-setting project with differing personal views and
consider the whole community project.
Noah Markoff, Executive Director of CATT (Contractors Association of Truckee
Tahoe), stated he represented 235 members of CATT and spoke in favor of the
"hire and buy local" policies and the development.
Charlie White, Donner Lake, urged Council not to facilitate "Planning by ballot".
Barbara Green, Truckee resident questioned if the affordable housing component
contained rental units.
Joel Quist, Truckee resident, requested Council include in the agreement
safeguards against contractors using illegal aliens and use of unlicensed
contractors on the project.
Joe Guzman, Truckee Resident and representative of the Assumption Church
spoke in favor of the project.
Pat Davison, Field Director for CABPRO (California Association of Business,
Property and Resource Owners), suggested the contingency clause on discussion
points 11 and 12 are a balance for the developer.
Seeing no additional comment Mayor Susman closed the Public Hearing.
Applicant Rebuttal:
Town of Truckee
February 5, 2004 Regular
Page 7
Whitt Manley, representing Remy, Thomas, Moose and Manley, legal counsel for
the East West Partners and the development team:
· Stated for the record, in regards to the analogy of the Gray's and the Squaw
Creek golf course: The Gray's Crossing site physically bares no relationship to
Squaw Creek and the golf course there. The depth of ground water at Squaw
Creek is about 10' and the ground water there serves as the primary drinking
water for many residents with shallow wells in the immediate vicinity. The
agreement was a settlement of a lawsuit for contamination of the aquifer there.
The circumstances physically bare no relationship and do not establish a good
template for what should happen at Gray's Crossing.
· The development team has committed to water quality protection measures
beyond those that normally come from the Lahontan Water Quality Board
process. Vice Mayor Threshie has made suggestions to the development team
changes to increase the water quality monitoring requirements. Vice Mayor
Threshie will outline the changes that have been agreed to.
· The development agreement items 11 and 12 subject to contingency clauses:
The removal of these public benefits in the case of a lawsuit or referendum is
not illegal. No ones right to file a referendum or lawsuit is eliminated. The
contingency recognizes the expense to the developer if a lawsuit or referendum
is filed. The developer will not offer the same level of community benefits if the
additional cost of a lawsuit or referendum is incurred.
· The developer is seeking a development agreement to provide a fifteen (15)
year vesting. The agreement assurance that the investments in infrastructure,
community benefits, and affordable housing can be recovered as the project is
implemented.
Rick McConn, East West Partners, rebuttal:
· There are ninety-two (92) affordable rentals proposed.
o Further clarification provided by Tony Lashbrook,
· 50 rentals to very Iow income households;
· 21 rentals to Iow income households;
· And 21 rentals to medium income households.
· The Natural Resource Management Plan includes pre and post construction
monitoring for baseline data.
Council Discussion and Deliberation
Councilmember Florian: Questioned the JCFA (Joint Community Facilities
Agreement) basis for the ratio used in the calculation. Response: Tony Lashbrook
stated the ratio is based on the Old Greenwood model of $50,000 to the Town and
roughly $3,000,000 of infrastructure and arrived at the 1.7% ratio then applied it to
the anticipated infrastructure to Gray's Crossing.
Vice Mayor Threshie requested Dennis Crabb, Town Attorney respond to the letter
received by Lance Conn. Response: Dennis Crabb stated there are drafting
Town of Truckee
February 5, 2004 Regular
Page 8
changes and two significant policy issues raised in the letter. 1) Discussion of
changing the development agreement under a new or revised General Plan is a
policy issue raised by a Councilmember and added to the development agreement,
not a legal issue; 2) Litigation and referendum limitations is also a policy issue for
Council to consider, not a legal issue.
Councilmember Ingalls requested the reference to the conservation easement.
Response: Tony Lashbrook, Resolution 2003-54 condition 18, exhibit "b" all the
non-developed areas be covered by a conservation easement in perpetuity.
Councilmember Owens requested the method of public process to determining uses
for the triangle and rectangle properties to be deed to the Town. Response: Tony
Lashbrook, the process will begin with the General Plan Update process (February
12, 2004). There are other public agencies that would like to participate in the
process.
Councilmember Florian questioned the parameter of where the purchase of open
space can take place. Response: Tony Lashbrook, stated the responsibility for
decisions will be assigned to the Truckee Land Trust. Whitt Manley, stated section
3.11 mid way reads "said funds shall be used for the acquisition and maintenance of
open space in the immediate Truckee area that benefits to the citizens of Truckee.
Councilmember Ingalls stated for the record there are others in Town interested in
creating "green building" standards Town-wide. Response: Tony Lashbrook, the
Planning Commission outlined in condition of approval 77 the requirement for the
standards to come back before the Planning Commission before there is any
grading or disturbance on Gray's Crossing.
Councilmember Owens, thanked East West Partners for agreeing to the 19
additional items from January 7, 2004: Stated support of Vice Mayor Threshie's
changes to the conditions of approval: Stated the Town should look to the existing
water quality agencies to regulate and the Town should not take on the regulatory
function without added education: Is pleased to see the offer from the developer for
a .25% transfer charge and is looking forward to the money being used for "people"
benefits in 15 years: Is satisfied with the contingencies in place to offset the cost
incurred by the developer in the case cfa referendum or lawsuit and: Is proud of the
public process that has refined the project.
Councilmember Ingalls, Stated 2100 people voted for her based on her opposition
to golf courses: Would prefer no golf alternatives for Gray's: Is pleased with the
transfer fee inclusion: Would like the removal of the contingency clauses from items
11 and 12 and: Objects to the characterization of the meeting between Vice Mayor
Threshie and MAPF as working on behalf of special interest groups.
Council Action
It was Council consensus to incorporate the changes outlined by Vice Mayor
Town of Truckee
February 5, 2004 Regular
Page 9
Threshie agreed to by the developer in a meeting with the developer and MAPF as
well as those changes suggested by Mayor Susman as follows:
Changes to Resolution 2003-54 of the conditions of approval number 79:
· First sentence to read: "An expanded, comprehensive water quality
management program."
· Second sentence to read: "The monitoring program should include both
pre and post development monitoring of surface and .qround water for the
life of the Rolf course"
· Add to requirements:
d. The written recommendations of the Truckee River Watershed
Council will be considered as input to created the water quality
management plan
· Add to elements:
f. Surface and ground water sampling not less than quarterly or as
recommend by the independent consultant the result of such
sampling shall be provided to the Town and shall be a public record.
· Third sentence of the paragraph following element (f.) above to read: "The
Town staff shall retain at the owner's expense, an independent contractor
to review and provide recommendations..."
· Add to the end of condition 79: "The independent contractor may at its
discretion submit a report and make recommendations to the Town at any
time the contract deems such a report necessary to protect water quality.
The landowner shall implement the recommendations in the independent
contractors annual or other report to insure the protection of ground and
surface water quality."
Changes to Ordinance 2003-08 section 3.5.5 and 3.5.6:
· Add a sunset clause on these requirements if the Town adopts a funding
mechanism for Town-wide trails maintenance program.
· First Sentence first paragraph of Item 3.7 to read: "Landowner is required
by the conditions of approval to operate and maintain shuttles serving
owner, residents lodging guests, employees of the project and the public."
Ordinance 2003-08: removal of Item 1.10.4 from the development agreement.
It was moved by C0uncilmember Owens, seconded by Vice Mayor Threshie,
and unanimously carried to adopt Resolution No. 2003-54 certifying the Final
Environmental Impact Report; approving the use permit, planned
development, tentative map, and lot line adjustment for the project, subject to
conditions as amended by Council Action;
It was moved by Councilmember Owens, seconded by Vice Mayor Threshie,
and unanimously carried to adopt Resolution No. 2003-53 abandoning public
utility and access easements within the north half of Sections 11 and 2, T17N,
Town of Truckee
February 5, 2004 Regular
Page 10
R16E, MDBM, subject to conditions;
It was moved by Councilmember Owens, seconded by Councilmember
Florian, and unanimously carried to adopt Resolution No. 2003-56 approving
the Gray's Crossing Specific Plan;
It was moved by Councilmember Owens, seconded by Councilmember
Florain, and unanimously carried to waive the first reading and introduce
Ordinance No. 2003-07 approving an amendment to the Zoning Map and
Development Code to modify the Scenic Corridor boundaries as depicted on
Sheet 31 of a the Zoning Maps;
It was moved by Councilmember Florian, seconded by Councilmember
Owens, and carried by the following roll call vote to waive the first reading
and introduce Ordinance No. 2003-08 approving a development agreement
between the Town of Truckee and East West Partners;
Ayes: Council Members Florian, Owens, Vice Mayor Threshie, and
Mayor Susman
Noes: Councilmember Ingalls
Abstain: None
It was moved by Councilmember Florian, seconded by Councilmember
Owens, and unanimously carried to agendize for February 19, 2004 the
second reading and adoption of Ordinance Nos. 2003-07 and 2003-08. After
the adoption of the ordinances the resolutions will then become effective on
March 20, 2004.
8. COUNCIL PRIORITIES - (See Item 7.1)
9. STAFF REPORTS
Council approved the proposed reorqanization for the Truckee Police
Department and adopted the attached lob classification for Police Lieutenant,
and established the salary range for the position at Grade 15 in the Town's
~alary ~chedule.
Scott Berry, Chief of Police, stated the reorganization is proposed to improve
efficiency of the team, thereby, enhancing the delivery of police services to the
community.
Town of Truckee
February 5, 2004 Regular
Page 11
The current workload on the Commander position has grown beyond the scope of
one individual. Eliminating the position of Commander and one Police Sergeant
position and adding two Police Lieutenant positions would provide two individuals to
divide portions of the Commander responsibilities more efficiently. The Police
Lieutenants positions would rotate the field operations and support responsibilities
on a regular basis.
Potential candidates currently exist within the department for recruitment. The
priority is for the Police Department to become staffed adequately prior to
considering the promotion of any Sergeant to a Lieutenant position.
The Town would also benefit from the reduction in grade from the Commander to
the Lieutenants positions and after factoring the increase in grade level from the
Sergeants position to Lieutenant there will be an approximate net budgeted savings
of $25,148.00.
Mayor Susman opened the item for public comment.
Charlie White, Donner Lake spoke in support of the reorganization and questioned
which of the new Lieutenants would be responsible for the dive team and the issues
relating to the gridlock which occurred over the past holiday season. Response:
Chief Berry stated the Lieutenant in charge of field operations.
Mayor Susman closed public comment.
It was moved by Councilmember Florian, seconded by Vice Mayor Threshie,
and unanimously carried to approve the proposed reorganization for the
Truckee Police Department and adopt the attached job classification for
Police Lieutenant, and establish the salary range for the position at Grade 15
in the Town's Salary Schedule.
10. COUNCIL REPORTS
Mayor Susman announced the Spaghetti Dinner, Bingo and Auction at the Truckee
Donner Recreation and Park District's Recreation Center February 7, 2004. The
dinner is to benefit the Meals-on-Wheels program for local seniors. The bar opens
at 5:00 p.m., Dinner at 6:00 p.m. and Bingo starts at 7:00 p.m.
11. ADJOURNMENT - at 8:41 p.m.
To the General Plan Update Meeting February 12, 2004 and the regular meeting of
the Truckee Town Council February 19, 2004, 6:00 p.m. at Town Hall, 10183
Truckee Airport Road, Truckee, CA.
Town of Truckee
February 5, 2004 Regular
Page 12
Respectfully submitted,
APPROVED:
joSt~ua J. Susman, Mayd'r ~
Town of Truckee
February 5, 2004 Regular
Page 13