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HomeMy Public PortalAbout2022-06-28 Workshop Town Council Planning Commission Meeting Minutes June 28, 2022, 5:00 PM Town Hall – Administrative Center | 10183 Truckee Airport Road, Truckee, CA 1. CALL TO ORDER – Mayor Henderson called the meeting to order at 5:00 p.m. 2. ROLL CALL: Council Member Polivy, Mayor Henderson, Council Member Klovstad, and Council Member Zabriskie. Absent: Vice Mayor Romack Staff Present: Denyelle Nishimori, Community Development Director; Jenna Gatto, Planning Manager; Chantal Birnberg, Associate Planner; Jen Callaway, Town Manager; Andy Morris, Town Attorney; Becky Bucar, Engineering Manager; and Judy Price, Communications Director Town Clerk. 3. PLEDGE OF ALLEGIANCE – recited in unison. 4. PUBLIC COMMENT Written comment received from Philippa Nigg. 5. PRESENTATIONS 5.1 Town Manager Report. Mayor Henderson opened the presentation items to public comment. Seeing none, Mayor Henderson closed public comment. 6. CONSENT CALENDAR It was moved by Council Member Polivy, and seconded by Council Member Klovstad, to approve the Consent Calendar Items as follows: 6.1 Approve the Minutes of May 24 and 31, 2022. 6.2 Award the 2022 Bridge Maintenance Project to Q&D Construction in the amount of $713,000; Authorize a project contingency amount of $71,300 (10%) for a total authorized contract expenditure amount of $784,300; authorize the Town Engineer to approve contract change orders and changes to unit quantities within the approved contingency amount; and amend the FY22/23 budget to the amount of $815,000 as outlined in this staff report. 6.3 Award the contract for the audio-visual production streaming equipment upgrades for Town Council Chambers, to Technology Design Associates, in the amount of $55,234.34 with an additional 10% contingency for a total not-to-exceed amount of $60,757.77; and authorize the Town manager to execute all agreements and amendments. DocuSign Envelope ID: B34B6E61-1E2A-42EC-AEF0-068F79985B57 ______________________________________________________________________________ Joint Town Council Planning Commission Meeting, June 28, 2022 Page 2 The Consent Calendar carried with the following vote: Ayes: Council Member Polivy, Council Member Klovstad, Council Member Zabriskie, and Mayor Henderson. Noes: none. Absent: Vice Mayor Romack. Abstained: none. The motion passed 4-0. 7. DISCUSSION ITEMS Roll Call Addition: Planning Commissioner Miller, and Vice Chair Tarnay. Absent: Planning Commissioner Fraiman, Planning Commissioner Riley, and Chair Gove. 7.1 2040 General Plan Update Joint Council / Planning Commission Study Session – Review Approach. Recommended Action: Provide direction to staff on the 2040 General Plan Update review approach for joint Council/Commission study sessions. Denyelle Nishimori, Community Development Director, presented from the staff report (on file with the Town Clerk). Chair Gove arrived at 5:24 pm. Council and Planning Commission Direction: 1. Public Comment:  Allow for 3 minutes per element at the beginning of each element with Mayor allowed discretion to call for additional comments.  Okay to group similar comments to consolidate responses.  Identify the organizations and membership of those providing the comment. 2. Council and Commission Questions:  Monday morning by 7:00 a.m. cut-off time for Council/Commission questions.  Staff will return answers back to Council/Commission by noon on Tuesday, the following day.  Council and Commission agree to reach out to staff for a conversation if it is a detailed issue.  Council and Commission will submit their questions in a prioritized fashion.  There is no limit to the number of questions that can be asked.  Staff may consolidate the answers where possible.  Potentially limit or postpone the responses if necessary. 3. Council and Commission Comments:  Use the form and include a submit button.  Submit the comments by each element. 4. Changes to the Draft General Plan – How would you like to see those?  Redline version and a final version will be included for review. DocuSign Envelope ID: B34B6E61-1E2A-42EC-AEF0-068F79985B57 ______________________________________________________________________________ Joint Town Council Planning Commission Meeting, June 28, 2022 Page 3 5. What constitutes direction?  Allowing a statement from Council and Commission members in absentia.  Comments in absentia are not considered a vote.  Drive to consensus and compromise, move to a vote when does not appear possible.  Allow Commission to make recommendations to Council and Council provide direction to staff. 6. Themes, Topics, and Questions?  There may be an opportunity to address areas of Town that were not one of the focus areas.  Provide an overlay of the state laws and how they impact the Town neighborhoods. Mayor Henderson opened the item for public comment. Written comment received from: Cathie Foley Dan Cockrum Jan Atwell Holan Kurt Reinkens Ruth Cross Ruth Jackson Hall Sarah Green Verbal comment received from: Patrick Flora Contractors Association of Truckee Tahoe (CATT) Government Affairs Suzie Tarnay Mayor Henderson closed public comment. Mayor Henderson adjourned for a brief recess 6.35 pm. Mayor Henderson reconvened at 6:48 pm. 7.2 Appeal of The Rock Golf Net Variance Denial (Application #2022-00000062). Recommended Action: Conduct a public hearing and adopt Resolution 2022-40, thereby taking action to deny the appeal of the Planning Commission’s action on The Rock Golf Net Variance application and uphold the decision of the Planning Commission to deny said application, and to find the project to be exempt from further environmental review pursuant to Section 15270 (Projects Which Are Disapproved) of the California Environmental Quality Act. Alternatively, if the Council determines that the findings to approve the appeal can be made, the Council may take action to grant the appeal and overturn the Planning Commission’s action, and staff will return to the Council later with a new environmental determination. Chantal Birnberg, Associate Planner, presented from the staff report (on file with the Town Clerk). Appellant presentation Ravn R. Whitington, Porter Simon, representing 267 Development Partners  Safety issue golf balls entering the Rock development.  Identified Rock tenants that have anecdotal information regarding the number of golf balls found at the Rock.  Golf netting is a common remedy to mitigate the safety risk. DocuSign Envelope ID: B34B6E61-1E2A-42EC-AEF0-068F79985B57 ______________________________________________________________________________ Joint Town Council Planning Commission Meeting, June 28, 2022 Page 4  The applicant decided that the 50-foot golf netting was a compromise that the Town and the Community might support by the applicant for the variance application.  The netting may not stop all the golf balls from entering the Rock but will stop some portion of them.  Golf netting is used in other areas of Town so there is a limited precedent issue.  Special circumstances findings – there are special circumstances at the Rock.  Not a special privilege to the Rock based on use of golf net in other town areas.  The town has not shown there will be California Environmental Quality Act (CEQA) concerns.  Minimum departure from the 20-foot/ 50-foot compromise consideration for aesthetics and safety. Responses to Council Questions  A golf ball striking an employee’s vehicle precipitated this request.  In the event of an injury, everyone would be sued. o The case against the municipality versus the property owner.  There are alternative options to remedy the conflict.  Stated insurance claims have been made against the Rock’s insurance and have been paid out.  Park and Recreation will not change the golf course consideration.  Signs have been placed at the golf course.  Windows in Building A have been broken.  Staff recommended to have signs that identify an appropriate phone number for responsible parties have wildlife removed from the netting if necessary.  There are golf nets throughout the State of California.  The cells of the netting are smaller than a golf ball.  The consultant was not willing to model the data to reduce the size of netting to reduce threat based on liability. Mayor Henderson opened the item for public comment. Seeing none, Mayor Henderson closed public comment. Appellant Rebuttal  The appellant had provided additional information on other golf course with adjacent structures in the community.  The Rock situation is unique based on the proximity and direction from the 9th hole.  Request Council allow additional time and evidence to be submitted without an approval of the denial.  Alternatively, they would appreciate an approval of the appeal.  This is a safety issue with moral implications.  The Rock needs a fence, they will accept a 35-foot fence. Council Discussion:  Dissenting opinion is that Council should find a way to support the findings and allow the golf netting.  California Environmental Quality Act (CEQA) needs to be considered. DocuSign Envelope ID: B34B6E61-1E2A-42EC-AEF0-068F79985B57 ______________________________________________________________________________ Joint Town Council Planning Commission Meeting, June 28, 2022 Page 5 Information that the Appellant can return to Council with:  Majority consensus to make findings 1, 2, and 5,  Request additional information on finding 3. o Information that supported the exemption and that the netting would not create a significant impact. o Additional information regarding options to minimize the deviation. Mayor Henderson adjourned for a brief recess at 8:01 pm. Mayor Henderson reconvened at 8:06 pm. A motion to continue this hearing to a future Council meeting to provide time for the appellant to present additional information as outlined above was moved by Council Member Zabriskie, seconded by Mayor Henderson, and adopted with the following vote: Ayes: Council Member Zabriskie, Mayor Henderson, Council Member Polivy. Noes: Council Member Klovstad. Absent: Vice Mayor Romack. Abstained: none. The motion passed 3-1. 8. COUNCIL REPORTS Council Member Polivy  Attended Truckee Trails Foundation anniversary party.  Met with Hardy Bullock, Fifth District Supervisor, Nevada County Board of Supervisors.  Attended Visit Truckee Tahoe Board Meeting. Council Member Klovstad  Attended General Plan Advisory Committee (GPAC) meeting.  Attended the Reach Code meeting.  Attended the Micro-transit Program ribbon cutting.  Took the first ride on TART Connect Saturday morning.  Attended the Maker Show.  Attended the Truckee Drag Brunch at Alibi. Council Member Zabriskie  Attended Truckee River Water Basin group.  Attended Reach Code meeting.  Attended the Micro-transit Program ribbon cutting.  Attended Truckee Rotary. Mayor Henderson  Attended the Micro-transit Program ribbon cutting.  Attended the Truckee Drag Brunch at Alibi.  Attended Truckee Chamber meeting. DocuSign Envelope ID: B34B6E61-1E2A-42EC-AEF0-068F79985B57 ______________________________________________________________________________ Joint Town Council Planning Commission Meeting, June 28, 2022 Page 6 9. ADJOURNMENT – 8:34 p.m. To the Joint Truckee Town Council and Planning Commission Meeting, July 12, 2022, 5:00 p.m. at Town Hall, 10183 Truckee Airport Road, Truckee, CA. Respectfully submitted by: Approved: Judy Price, MMC, Town Clerk Courtney Henderson, Mayor DocuSign Envelope ID: B34B6E61-1E2A-42EC-AEF0-068F79985B57