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Draft Minutes AGEMDA �TEM �_ 1 TOWN OF TRUCKEE °'�'� � TOWN COUNCIL ,� REGULAR MEETING MINUTES •, oas November25, 2013, 6:00 p.m. f as,4�'Q+sea � �epO�P�f�`• ' Town Hall -Administrative Center 10183 Truckee Airport Road, Truckee, CA 1. CALL TO ORDER— Mayor Wallace Dee called the meeting to order at 6:o0 p:m. 2. ROLL CALL: Council Member Barr, Vice Mayor Flora, Mayor Wallace Dee, Council Member Brown, and Council Member deRyk Jones. Staff Present: Randy Misch, Police Officer; Ro6ert Madden, Police Officer,.Kelly Beede, Parking Services Manager; Mike Vaughan, Senior Engineer; Jenna Endres, Associate Planner, Denyelle NisHimori, Senior Planner; Nichole Dorr, Recycling Coordinator; Kelly Beede, Parking Services Manager; Johnny Goetz, Chief Building Official; Adam McGill, Chief of Police; Alex Terrazas, Assistant Town Manager; Kim Szczurek, Administrative Services Director; John McLaughlin, Community Development Director;Andy Morris, Town Attorney; Tony Lashbrook, Town Manager; and Judy Price, Town Clerk. 3. PLEDGEOF ALLEGIANCE— led by Kevin Smith. 4. PUBLIC COMMENT - Roy Tuscany requested the Council adopt the High Fives Foundation campaign "Helmets are Cool". 5. PRESENTATIONS 6:06:45 PM (Recording Began) 5.1 Andy Ofto, Truckee River Watershed Council, recognized the recipienfs of the River Friendly Landscaping Award winners 2013. Winners: Stephariie and Mark Blume, Hilary Ward and Brandon Mason, Frank Schneller, Devin and Marcie Bradley, Dot and Paul Ingels, Karl.Pape, Judy Fasani,June Richards, Kris Kuyper, Vivian and Bruce Euzent, Fernando Garcia, Brian Rickauer, Kris and Matt Paxton, Nicole Dreon, Patricia and Henry Verissimo, Terri Shannon, Zachary Kirkpatrick, Trisha Ruby and Daniel La Flante, Michael Stark, Jean and John Kittock, and Jeff Connors. 5.2 Kevin Smith, Tahoe-Truckee Airport District General Manager, presented the Tahoe- Truckee Airport District Master Plan Update. 5.3 Tony Lashbrook, Town Manager, presented the Employee Incentive Awards: • Christina Earnhardt for outstanding performance in her new position, sixaudits, a large software system upgrade project and was still able to get the financial reports to the Auditors upon theirarrival. • Johnny Goetz for taking the ihitiative after a tragic accident to acquire 300 carbon monoxide detectors to give to T�uckee residents. Town of Truckee November 25, 2013, Town Council Regular Page 1 AGEWDAITEM 6. CONSENT CALENDAR It was moved by Council Member Barr,and seconded by Vice Mayor Flora,to approve the Consent Calendar as follows: 6.1 Approve the Minutes of November 12, 2013 Regular and Closed Session. Council Member deRyk Jones abstained based on her absence from these meetings. 6.2 Waive the second reading and adopt Ordinance 2013-OS as modified atthe November 12,2013 Council Meeting. 6.3 Authorize the Town Manager to enter into an agreement with the North Lake Tahoe Resort Association, Sugar Bowl Corporation, and Boreal Ridge Corporation to operate a shuttle between the Town of Truckee and the Donner Summit Ski resorts during the 2073=2014 winter season. 6.4 Authorize the Mayor to execute one Mills Act Historic Preservation Contract, subject to the property owner executing the contract no later than Friday, December 6, 2013. The Consent Calendar carried with the following vote: 6:38:09 PM Ayes: Council Member Brown, Mayor Wallace Dee, Council Member deRyk Jones, Council Member Barr and Vice Mayor Flora. Noes: None. Absent: None. Abstain: None. The motion passed unanimously. 7. DISCUSSION ITEMS 7.1 STAFF REPORT — Canyon Spring Subdivision Environmental Impact Report (EIR) Consultant Contract Amendment. Recommended Action: Approve the Canyon Spring Subdivision (Planning Application Number 10-016/TM) Environmental Impact Report (EIR) consultant contract modification, including a revised scope of work, revised schedule and additional contract cost not to exceed $114,080 and authorize the Town Manager to execute the agreement with the Planning Center/DC&E. Denyelle Nishimori, Senior Planner, presented from the staff report(presentation on file with the Town Clerk). Council Diseussion: • There will be a minimum 45 day review period for the recirculation comments. • Public can comment on the entire Environmental Impact Report (EIR) are still encouraged, however there are specific steps that are required for the review of the - project. Town of Truckee ° November 25; 2013, Town Council Regular Page 2 AGENDA IT�M Mayor Wallace Dee opened the item for public comment Pam Stock, 26 year residents of Glenshire and member of SOS Glenshire: • Requested the biological, geological,water quality and traffic sections of the EIR be recirculated. • Objected to the recirculation of just two sections of the EIR. . Questioned who makes the decision that in impact is not significant. • Read the'lead agency requirements regarding the DEIR and questioned ifiDCE is making these decisions. Staff Response: All comments will be responded to in the Environmental Impact Report (EIR). There wiil be an additional comment period allowed for the public to review the responses. Ronnie Colby, Truckee residents: + Requested Council modify the contracYto require an economic analysis to see if additional housing in an area that would be considered sprawl is warranted.. • Stated the DEIR is flawed and it will create a liability. . Requested Council consider a new DEIR. Jan Zabriskie, Truckee resident: • Stated it is pointless to amend the contract unless the developer agrees to fund a • new Chapter 4 of the DEIR: o Addressing specifically mitigation measures for carbon pollution. o The Green House Gas emissions will be twice as much as the threshold established by the Town for this project. o There is currently no mitigation identified. o The DEIR dismisses the cumulative impacts of carbon pollution. o Appendix H of the DEIR states there are no enforceable mitigation measures. o The amendment to the contract should provide a legally sufficient analysis of the carbon pollution and mitigation. o The revised DEIR needs to: • Describe the adverse impact of carbon pollution on the commuriity. • Include an cumulative impacts. • 8et out the mitigation measures to reduce the carbon impacts to a less than significant level. Alexis 011ar, Executive Director, Mountain Area Preservation (MAP): • Expressed concern about this project. Urged Council to revisit the DEIR to consider the 77 comment letters. • Stated the DEIR is a legal document and is flawed, mission information, using old data, and�should be redone to adequately analysis the impacts of a project this size. • Considering the amount of written comments that have been received on this project and requested the Town and the developer host a DEIR meeting. • More time needs to be taken for Council to consider the comments, the concems and the adequacy of the document before deciding on a contract amendment(there have already been seven amendments). • Economic analysis to see if this developmentis right for the community. Town of Truckee November 25, 2013, Town Council Regular Page 3 AGENDAITEM Lori Kelley Glenshire resident, stated: • The hydrologyshould be looked at. • Cumulative impacts need to be addressed. • The Town should hold meeting on the property, getting to know the project before the contract is approved. • Requested Council table this item. Kathy Echols, Truckee resident, requested more face to face discussions to address comments before approval or denial of the project, stating there needs to be more action than fo_r the public to see what the response to the comments in the EIR are. Nikki Riley, resident of Glenshire, supplied written documents(on file with the Town Clerk): • As a former Planning Commissioner who worked on the General Plan, there were incredible policies, goals and programs generated from public input. o Ironically the consultant that led the Town through that process is the same as the one that produced this DEIR adding, this is the worst EIR I have ever read. o The consultant miss identified the project location: • In the DEIR states the project is 1.6 miles from the Town core. • The Town has clear policies ih place about project proposals that are one mile versus eight miles from the Town core. • This is a glaring issue that she is paying attention to. o Requested Council table this issue, take the time to consider all the comments, errors and problems in this document. o Encoureged Councii to include an economic analysis. Dale Creighton, Canyon Springs representative: • Stated the process is not complete. The consultant,is asking for additional funding to continue on with the process and respond to the comments. • Urged Council to approve the contract to continue the process. Mayor Wallace Dee closed public comment. Council Discussion: • California Environmental Quality Act (CEQA) requirements for recirculation insure the public has the opportunity to review new and substantial evidence that was identified after the draft is submitted. o We have new information related to deer and tra�c that has been determined to be substantial and will necessitate recirculation. • There are a number of comments that are good and will be included in the final EIR, but, these comments do not constitute substantial new evidence for recirculation. • Staff is recommending the draft scope in order to adequately address the comments submitting on the DEIR. Staff does not believe recirculation of the carbon emissions section is required based on the comments received. Town of Truckee November 25, 2013, Town Council Regular Page 4 AGEPODA ITEM 7:13:45 PM . The process (Tony Lashbrook, Town Manager)� o This is a zoned piece of property dealing with a tentative map — without ' appeal this will not come before Council (Staff believes it will come before Council). o There will be a final EIR prepared and released to the public and other agencies for a minimum of 10 days. • Our practice is to extend that time prior to the hearing. o The Planning Commission will then hold a public hearing to consider certifying the final EIR and approval or denial of the project. o This hearing will consider project and EIR related issues (like General Plan consistency). This would typically be one public hearing that may take multiple meetings to work through. . There is one decision point coming up. o A second decision point could come in a De Novo hearing—not to consider new information but reopens the consideration based on the record made at the Planning Commission. . Town has added the recirculation with a minimum 45 day comment period. The Planning Center/DCE' will create a final document addressing all the additional comments. That will be in front of the Planning Commission and the public when it is complete. . Dale Creighton response to Council questions: o The document is the Towns and the developers have to pay for it. o The developers are confident in the consultant.team that is doing the work. o We are only half way through this process. The document needs to be able to withstand legal challenges. The developeris looking for the opportunity to have the concerns addressed to create a document that can withstand the challenges. • To be fair we need to allow the process that we have put in place to work. In the end it will be the quality of the EIR and the project that determine if it will go through or not. This is a process we need to see through. . This has garnered a great deal of attention ih the community as evidence of the comments that need to be addressed, o Reluctant to interrupt the process. o All comments are going to be addressed. • We take this seriouslyand have read the'DEIR. • We need the answers to the existing process. • The consultant team is challenged to get the final EIR that gives the public confidence that.the work is quality. • Tony Lashbrook, Town Manager; stated this consultant works for the Town of Truckee we control the document, Steve and the DCE team work for the Town. The applicant pays the bill. . Thanked everyone for showing up. Town of Truckee November 25, 2013, Town Council Regular Fage 5 AGENDA ITEM The Staff recommendation was moved by Council Member Barr,seconded by Council Member Brown, and carried with the following vote: 7:25:47 PM Ayes: Council Member Brown, Mayor Wallace Dee, Council Member deRyk Jones, Council Member Barr and Vice Mayor Flora. Noes: None. Absent: None. Abstain: None. The motion passed unanimously. 7.2 STAFF REPORT-Brickelltowri Community Facilities Dist�ict Final Rate and Method of Apportionment of Special Tax Report and Resolution of Intention to Establish the Brickelltown Community Facilities DisVict Capital Improvement Project(CIP)60-03-22. Recommended Action: Adopt Resolution 2013-36 a Resolution of Intention to Establish the Brickelltown Community Facilities District(CFD District 2013-1)with intent to apply the Final Rate and Method of Apportionment of Special Tax Report. Council Member Brown recused himself based on the proximity of his business to the project site. Jessica Thompson,Associate Engineer, presented from the staff report(presentation on file with the Town Clerk). Council Discussion: • This resolution does not describe or define maintenance. • The CFD report will include a definition of base maintenance levels the CFD will be responsible for. Kristin Lowell, CDF Consultant: • Approve the resolution of intention does not usually include the detailed report. January action will call for the election will include.detail. Mayor Wallace Dee opened the item for public comment Seeing none, Mayor Wallace Dee closed public comment. The Staff recommendation was moved by Vice Mayor Flora, seconded by Council Member Barr, and carried with the following vote: 7:53:43 FM Ayes: Council Member Brown, Mayor Wallace Dee, Council Member deRyk Jones, Council Member Barrand Vice Mayor Flora Noes: None. Absent: None. Abstain: Council Member Brown. The motion passed unanimously. Town of Truckee November 25, 2013, Town Council Regular Page 6 AGENDAIYEM 7.2 STAFF REPORT— Employment Contract—Town Attorney. Recommended Action: Approve the employment contract for Town Attomey Andrew Morris. Kim Szczurek, Administrative Services Director, presented from the staff report. Mayor Wallace Dee opened the item for public comment � Seeing none, Mayor Wallace Dee closed public comment. The Staff recommendation, including authorization for the Mayor to execute the agreement, was moved by Council Member Brown, seconded by Vice Mayor Flora, and carried with the following vote: 7:56:32 PM Ayes: Council Member Brown, Mayor VUallace Dee, Council Member deRyk Jones, Council Member Barr and Vice Mayor Flora. Noes: None. Absent: None. Abstain: None. The motion passed unanimously. 7.3 STAFF REPORT—Authorize home purchase loan from the Town ofTruckee for Police Chief Adam McGill. Recommended Action: Approve Fiome purchase loan parameters for Police Chief Adam McGill and authorize the Town Manager to execute the necessary loan documents. Tony Lashbrook, Town Manager,,presented from the staff report (presentation on file with the Town Clerk). Council Discussion . The down-payment assistance program wasapproved for use by ChiefSensleybutwas neverused. • It is common in high cost areas to help with housing. o Not with identical programs but this is not unprecedented. . No cash out refinancing or kind of home-equity loans would be allowed. . Insurance and taxes be paid though escrow account or required in the agreements. . Mayor Wallace Dee opened the item for public comment. Seeing none, Mayor Wallace Dee closed public comment. Town of Truckee November 25, 2013, Town Council Regular Page 7 � AGENDAI�EM The Staff recommendation was moved by Vice Mayor Flore, seconded by Council Member Barr, and carried with the following vote: 8:04:47 PM Ayes: Council Member Brown, Mayor Wallace Dee, Council Member deRyk Jones, Council Member Barr and Vice Mayor Flora. Noes: None. Absent: None Abstain: None. The motion passed unanimously. B. COUNCIL REPORTS Vice Mayor Flora • Attended (Vice Mayor Flora, Mayor Wallace Dee, and Council Member deRyk Jones) Brickelltown tours with Dan Wilkins and Jessica Thompson. Mayor Wallace Dee • Announced an additional $1.5 million in grant funding that will be used for pedestrian project by the schools on Donner Pass Road. Council Member Brown • Attended the Airport Land Use Commission meeting. Council Member deRyk Jones • Attended with Vice Mayor Flora a trails polling draft meeting. • Announced thanks to Don Davis who donated the Holiday Tree Downtown. 10. ADJOURNMENT - 8:0827 PM � To the regular meeting of the TPuckee Town Council December 10, 2013, 6:00 p.m. at Town Hall, 10183 Truckee Airport Road, Truckee, CA. Approved: Respectfully submitted by: Carolyn Wallace Dee, Mayor Judy Price, MMC, Town Clerk Town of Truckee November 25, 2013, Town Council Regular Page 8 AGENDA ITEM�• � TOWN OF TRUCKEE 4°� �Q' TOWN 60UNCIL CLOSED SESSION MINUTES November 25, 2013, 5:30 p.m. 09 t•`�����°•a+esa � �m°r9'���• 'o Town Hall -Administrative Center 10183 Truckee Airport Road, Truckee, CA 1. CALL TO ORDER — Mayor Wallace Dee called the meeting to order at 5:30 p.m. 2. ROLL CALL: Council Member Barr, Vice Mayor Flora, Mayor Wallace Dee, Council Member Brown, and Council Member deRyk Jones. Staff Present: Gayle Tonan, Representing Attorney; Kim Szczurek, Administrative , Services Director; Andy Morris, Town Attorney; and Tony Lashbrook, Town Manager. 3. PLEDGE OF ALLEGIANCE —deferred. 4. PUBLIC COMMENT— none. 5. CLOSED SESSION 5.1 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION — Sue Sage v Town of Truckee; Case Number TCU13-5365 Govemment Code Section 54956.9. Action Taken: No reportable action taken. " 6. ADJOURNMENT ' To the regular meeting of the Truckee Town Council November 25, 2013, 6:00 p.m. at Town Hall, 10183 Truckee Airport Road, Truckee, CA. Approved: Respectfully submitted by:. Carolyn Wallace Dee, Mayor Judy Price, MMC, Town Clerk Town of Truckee November 25, 2013, Truckee Town Council Closed Session Page 1