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HomeMy Public PortalAbout2019-11-26TOWN OF TRUCKEE TOWN COUNCIL REGULAR MEETING MINUTES November 26, 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, Abrams and Mayor Tirman. Absent: Council Member Commendatore, and Vice Mayor Polivy. Staff Present: Yumie Dahn, Associate Planner; Nick Martin, Administrative Analyst II; Dan West, Building Supervisor; Jeff Loux, Town Manager; Kim Szczurek, Administrative Services Director; Andy Morris, Town Attorney; Sarah Ring, Administrative Technician; and Judy Price, Town Clerk. 3. PLEDGE OF ALLEGIANCE — recited in unison. 4. PUBLIC COMMENT — none. 5. PRESENTATIONS — none. 6. CONSENT CALENDAR It was moved by Council Member Klovstad, and seconded by Council Member Abrams, to approve the Consent Calendar items as follows: 6.1 Approve the Minutes of October 22, 2019 Closed and Regular Session. 6.2 Adopt Resolution 2019-68 to maintain the previously approved 2018 affordable housing in -lieu fee amount. The Consent Calendar carried with the following vote: Ayes: Council Members; Klovstad, Abrams and Mayor Tirman. Noes: none. Absent: Council Member Commendatore and Vice Mayor Polivy. Abstained: none. The motion passed 3-0. 7. DISCUSSION ITEMS 7.1 STAFF REPORT — Public Art Advisory Body Formation Process. Recommended Action: Provide staff direction regarding the roles and makeup of a public art commission, committee, or advisory group to guide the implementation of the Public Art Master Plan. Jeff Loux, Town Manager, presented from the staff report (presentation on file with the Town of Truckee November 26, 2019, Town Council Regular Page 1 Town Clerk). Mayor Tirman opened the item for public comment. Written comment received from: Troy Corliss Cassie Hebel Nancy Lopez Troy Corliss, Resident and Artist — Spoke to Council from his written public comment (On file with the Town Clerk). Jennifer Standteiner, Mountain f=orge & member of the Truckee Arts Alliance - Spoke on behalf of those organizations in support of the formation of this group. • Talk of (TPAC) Truckee Public Arts Commission and (TAA) Truckee Arts Alliance merging. • Hopefully these bodies can act in an advisory capacity, or be involved in the selection of members of the group. Mayor Tirman closed public comment. Council Discussion: • Council supports moving forward with the formation of the group. • Committee make-up, o Should there be a member of Council on the committee? • There will be involvement of Council at a future date to provide feedback. • Not necessary to have a Council member in the group. • Inclined to accept the input from the art community as to the needs of the make-up of the group. ■ As it is proposed, the make-up of the committee seems to have a good representation. • What would the frequency of meetings be for this group? • Is there any coordination with the Public Art Commission? o Staff does not have any specific response to this question at this time, but the details can be determined as the committee forms. • Recommend having representation from each of the seven categories, to move forward with the process. • Process can be adjusted in the future. • The committee should self -identify. • There should be a timeline set. • There could be conversations about combining with (TPAC) Truckee Public Arts Commission, but no decisions have been made. • There should be clear intentions as to what each of the art groups will do. • Next step would be to bring back the solicitation of members to Council. • With the holidays being considered, this item would potentially be brought back to Council at the second meeting in January or the first meeting in February. • Town has allotted $25,000 in the budget as seed money; this type of program will come with a cost, and there will be future budget discussion involving this program. • The title of Commission or Council seems to carry more weight in terms of a title, but the Council will trust group to self -identify. Town of Truckee November 26, 2019, Town Council Regular Page 2 7.2 PUBLIC HEARING - Consideration of an Ordinance amending Title 15 of the Municipal Code for the purpose of adopting the updated California Building Standards Code. Recommended Action: Conduct a Public Hearing, waive the second reading, and adopt Ordinance 2019-09 amending Title 15 to update the California Building Standards Code and the Town's local regulations. Dan West, Acting Chief Building Official, presented from the staff report. Council Discussion: • Councils sentiment is that this item was thoroughly deliberated this at the prior meeting and they feel comfortable with adopting the Ordinance. Mayor Tirman opened the public hearing asking for anyone wishing to speak in support or opposition to the action stated above. Seeing none, Mayor Tirman closed public comment. Council Direction: Adopt Ordinance 2019-09 amending Title 15 to update the California Building Standards Code and the Town's local regulations. The staff recommendation was moved by Council Member Abrams, seconded by Council Member Klovstad, and adopted with the following vote: Ayes: Council Members; Klovstad, Abrams and Mayor Tirman. Noes: none. Absent: Council Member Commendatore and Vice Mayor Polivy. Abstained: none. The motion passed 3-0. 7.3 STAFF REPORT — Appeal of Boulders Phase IV -C Amendment. Recommended Action: Conduct a public hearing and adopt Resolution 2019-69 thereby taking the following actions: 1) Uphold the decision of the Planning Commission on the Boulders Phase IV Project Amendment; 2) Deny the appeal of the Planning Commission's approval on the basis that the required findings to approve the project can be made; 3) Determine the project exempt from further environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act; 4) Approve the Project Amendment based on the recommended findings and subject to the recommended conditions of approval; and 5) Deny the appellants' request for a refund of the appeal amount. Yumie Dahn, Associate Planner, presented from the staff report (presentation on file with the Town Clerk). • This item is an appeal to the October 19, 2019 Planning Commission action on the Boulders Phase 4C. • Appeals are considered to be DE novo so the Council is reviewing this item as if it is being heard for the first time, independent of the Commission's action. • It is unknown how the information that staff found after October 1511' would have Town of Truckee November 26, 2019, Town Council Regular Page 3 impacted the Planning Commission's decision. Andy Morris, Town Attorney advised that staff, as a matter of routine always recommends upholding the Planning Commission's decisions simply because staff does not feel that it is its place to second and to tell Council that the Planning commission got it wrong. In this case Planning Commission's decision was premised on an understanding of the situation in the nature of the application that wasn't quite right. o Take into consideration that the Planning Commission did not have a completely accurate picture of what was before them. Dave Gardener, Developer — Mr. Gardener answered a clarifying question by Council. Given the understanding now, that the map and the permit have not expired, and are valid through December of 2020. Would the developer still have stood in front of the Planning Commission to request a change in the timing of the payment of fees? o Response: Applicant would still have requested, due to financial reasons, to have the payment of fees extended to the close of escrow. o The Developer's bank will not provide him the $100,000 in funds to make the payment of those fees at (TCO's)Temporary Certificate of Occupancy. o Developer wanted to take the fees out of the closings. o Developer has done this in the past and felt that it was very successful. o Developer is unsure why this changed. Mayor Tirman opened the public hearing asking for anyone wishing to speak in support or opposition to the action stated above. Anne Souza, Squaw Valley resident and student - spoke on behalf of the developer • Has followed project. • Does not agree with changing fees mid -way. Kurt Reinkens, Resident • Gave history on project, and spoke on behalf of the developer. • Attended a meeting and feels that the nexus for the roundabout was never proved. • Town has already extracted roundabout fees from the developer for this roundabout. • Believes that the Town has an opportunity to make it right at this time. Mayor Tirman closed public comment. Council Discussion: Fees - • Despite Council's desire to support the Planning Commission's decision, in this case, that may not be the right decision. • The developer has met the 15% threshold already in respect to their inclusionary housing requirements. • The $100,000 affordable housing fee has been paid. • There is no difference to the Town, whether we receive the money at close of escrow of at certificate of occupancy. o Town would still receive the same amount of money. Town of Truckee November 26, 2019, Town Council Regular Page 4 o Staff accepts payment at building permit issuance or at temporary or at the issuance of the C of O as it is triggers Town review to make sure that the payment is provided. o Accepting payment at the close of escrow it is up to the market as to: ■ Whether or not it sells and, ■ The Town is aware of when a project has sold so as to follow up on the payment. Timing of payment of those fees- • Assurance that the Town would receive payment upon Certificate of Occupancy. • Nine of the twelve units available are under contract. • Council has concern of making an exception in this case to collect fees at Close of Escrow versus Certificate of Occupancy. o This development is hitting a segment of the market that needs this housing. • Town should expect payment within 6 months or 180 days after the Certificate of Occupancy or the Close of Escrow, whatever comes first. • Developer is confident in this compromise. • Developer stated the he will have a clause put into the closing documents that the fee will be paid at the close of escrow, and a check to be sent directly to the Town. Determination of Public Benefit - • By agreeing to the compromise: o Council has implicitly agreed to the fact that the there is enough of a public amenity. o Development is close to goods and services. o High density. o Filling a void in our community. o Provides a lot of options. o At 50% full-time residents. Cost of the Appeal — • Council agrees that the fee should be reimbursed. • Developer asked Council if it would consider the reimbursement of Attorney fees. o Council does not agree for the Town to pay the attorney's fees for Mr. Gardener. CEQA findings - o Resolution 2019-69 was written in anticipation of Council's direction this evening. o Amended the resolution to include the language regarding the timeline after the Certificate of Occupancy is issued. Council Direction: Adopt Resolution 2019-69 thereby taking the following actions: 1) Grant the appeal and approve the appellants' request for the lower affordable housing fees ($53,488.34 remaining for Phase IV -C; $2,325.578 per unit) and allow payment of both the affordable housing fees and the roundabout fees upon close of escrow or 180 days after issuance of Certificate of Occupancy for each unit, whichever is sooner. 2) Determine the project exempt from further environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act. 3) Approve the Project Amendment based on the recommended findings and subject to the recommended conditions of approval. 4) Approve the appellants' request for a refund of the appeal amount. Town of Truckee November 26, 2019, Town Council Regular Page 5 The staff recommendation was moved by Council Member Klovstad, seconded by Council Member Abrams, and adopted with the following vote: Ayes: Council Members; Klovstad, Abrams and Mayor Tirman. Noes: none. Absent: Council Member Commendatore and Vice Mayor Polivy. Abstained: none. The motion passed 3-0. Roll call cote requested by Mayor Tirman. The vote passed unanimously. 8. COUNCIL REPORTS Council Member Klovstad • Attended General Plan Advisory Committee (GPAC) and Climate Subcommittee meetings. • Attended Local Area Formation Commission (LAFCO) meeting. • Attended Soroptishop. Council Member Abrams Attended an Arts for the Schools concert performance as a chaperone. Mayor Tirman • Kamala Harris — Truckee High Graduate will share contact info with Judy Price' • Attended • Ribbon cutting at Coalition Snow. • California Building Code Change Seminar. • Attended Cadillac Ball. • Met with the Head of the American Legion, Matt Hillock. • Attended GPAC meeting. • Drove to Nevada City, and attended the Leadership Class. • Attended the Christmas tree lighting in Downtown Truckee. • Attended the Open House at Coburn Crossing. ADJOURNMENT — 7:27 p.m. To the regular meeting of the Truckee Town Council December 10, 2019, 6:00 p.m. at Town Hall, 10183 Truckee Airport Road, Truckee, CA. Approved: Respectfully submitted by: 1 /Z, �R� David Tirman, Mayor Sarah Ri , Administrative Technician behalf of Judy Price, MMC, Town Clerk Town of Truckee November 26, 2019, Town Council Regular Page 6