HomeMy Public PortalAbout2020-09-22 AGENDA ITEM 6.1
TOWN OF TRUCKEE
TOWN COUNCIL
0 o REGULAR MEETING MINUTES
e g3 September 22, 2020, 5:00 p.m.
aQbt!`hcq'8g� �� o.pcfp`ca'9 Town Hall -Administrative Center
10183 Truckee Airport Road, Truckee, CA
Note: As permitted by Executive Order N-29-20, proclaiming a State of Emergency in the State
of California, the September 22, 2020, Town of Truckee Council meeting room will not be
accessible to the public.
The meeting is accessible to the public via live streaming via Tahoe Truckee Media online
http://ttctv.org/live-meeting/town-of-truckee/ or cable TV channel 18. Public comment will be
accepted via email at truckee@townoftruckee.com and text or voice message at(530) 428-6555
on any item on the agenda until the Mayor closes public comment on each item. Please note this
voice message does cut off all caller after three minutes. It is equally important+ when you leave
audio comments to identify yourself and what item number you are speaking to.
1. CALL TO ORDER— Mayor Polivy called the meeting to order at 6:00 p.m.
2. ROLL CALL: Council Members; Abrams, Tirman, Commendatore, Vice Mayor Klovstad,
and Mayor Polivy.
Staff Present: Julia Tohlen, Fleet Facilities Administrative Technician; Becky Bucar,
Engineering Manager; Hilary Hobbs, Management Analyst; Nicole Casey, Finance
Manager; Kim Szczurek, Administrative Services Director; Randy Billingsley, Acting
Police Chief; Denyelle Nishimori, Community Development Director; Andy Morris, Town
Attorney; Dan Wilkins, Acting Town Manager; and Judy Price, Communications Director,
Town Clerk.
3. PLEDGE OF ALLEGIANCE—recited in unison.
4. PUBLIC COMMENT
Judy Price, Communications Director Town Clerk, explained the process for public
comment getting into the record.
Voice Comment received from:
Samantha Smith
5. PRESENTATIONS
5.1 Becky Bucar, Engineering Manager, introduced Julia Tohlen, Fleet Facilities
Administrative Technician.
Mayor Polivy opened the presentation items to public comment.
Seeing none, Mayor Polivy closed public comment.
Town of Truckee
September 22,2020 Town Council Regular
Page 1
AGENDA ITEM 6.1
6. CONSENT CALENDAR
It was moved by Council Member Tirman, and seconded by Council Member
Abrams, to approve the Consent Calendar Items as follows:
6.1 Approve the Minutes of September 3, 8 and 15, 2020.
6.2 Award the 2020 Paving and Drainage Project to Sierra Nevada Construction in the
amount of$174,007; authorize a project contingency amount of$43,503 (25%); and
authorize the Town Engineer to approve contract change orders or changes to unit
quantities within the approved contingency amount for a total authorized contract
expenditure amount of$217,510.
6.3 1) Authorize the Town Manager to award and execute the Estates Drive Transit
Shelter Project construction contract to Prosser Building&Development, Inc. in the
amount of $197,480; 2) authorize a 20% contingency amount of$39,496 for a total
authorized construction expenditure amount of$236,976; and 3)adopt a Fiscal Year
2020/2021 budget amendment for Capital Improvement Project C2010 as identified
in this report.
The Consent Calendar carried with the following vote:
Ayes: Council Member Tirman, Council Member Abrams, Council Member
Commendatore, Vice Mayor Klovstad and Mayor Polivy.
Noes: none.
Absent: none
Abstained: none.
The motion passed unanimously.
7. DISCUSSION ITEMS
7.1 STAFF REPORT- Short-Term Rental and Noise Ordinance First Reading.
Recommended Action: Introduce and waive the first reading of Ordinance 2020-07
amending the Town of Truckee Municipal Code by adopting Chapter 5.02 regarding
regulation of short-term rentals, Chapter 9.20 regarding noise regulation, and amending
Section 3.24.020 regarding transient occupancy tax.
Hilary Hobbs, Management Analyst, presented from the staff report (presentation on file
with the Town Clerk).
Council Discussion:
• Sections to discuss:
o Accessory Dwelling Unit (ADU)
o Special events
o Length of stay
o Fees/fines
o Bear trash sheds
o Age of occupants
o Gas fireplaces and barbeque (BBQ) restrictions
o Appeal section
• Some properties are different with the ability to have parities or weddings.
Town of Truckee
September 22, 2020 Town Council Regular
Page 2
AGENDA ITEM 6.1
• Call in an issues for enforcement.
o There is a 24 hour complaint process through Host Compliance.
o Host Compliance will attempt to reach the property owner.
o The homeowner has 30 minutes to respond.
o If it is public safety issue, Town staff will respond sooner.
o Host will put the information in a database that a Police Officers/Short Term
Rental (STR) compliance officer will be able to access.
o Placer County and Mammoth are currently using this same process.
• Two cans of trash will be required when the home is rented.
• Dirt parking?
o Pavement is regulated by building and development codes.
o Our storm-water permit with the state encourage vehicular activity on
pavement for environmental consideration.
o The parking is a mechanism that will help reduce announces to neighbors
• Any ADU built after January 1, 2020 according to the Housing and Community
Development (HCD)will not be allowed to be short term rented.
• ADU fines and inspections:
o ADU are less expensive long-term housing units.
• Bill Seline, Chief, Truckee Fire Protection District:
o Bed and Breakfast (B & B) have no fire inspection requirements.
o A classified B & B would be inspected.
■ Homes are not built for hotel use.
■ Safety items—CO2 detectors.
■ These inspections are routine in a hotel environment.
o Defensible space—at time of sale, random and upon request.
■ Compliance — becomes a mutual benefit to get the community
benefit.
• Add a variance process in the same manner as the appeal process.
o Could be very challenging.
• Noise ordinance is subjective versus by decibel level.
• Single room rental B & B expand to include a safety fire inspection.
• Not introduce the additional fee on rentals of single rooms in a home.
• No fees currently for B & B's so no inspection cost.
• B & B pay Transient Occupancy Tax (TOT).
o The ordinance does not include B & B's in the permit fee structure.
• Bill Seline: Truckee Fire agrees with the Towns recommendations on this issue.
Mayor Polivy adjourned for a brief recess at 7:00 pm
Mayor Polivy reconvened at 7:10 pm.
Mayor Polivy opened public comment.
Provided verbal comment:
Roxie Ormsby Brett Williams Peter& Linda Morris
Dan Gallagher Scott Silva Andrea Cash
Monica Armanino Lisa Lease Christine Hinkel
Celia Klein Kristina Bergstrand Thomas Roney
Richard Stevens Ed St.John Alan Haney
David Jennings John Majaski Alice Liptrot
Town of Truckee
September 22, 2020 Town Council Regular
Page 3
AGENDA ITEM 6.1
Ellen Grace Toby Baird Katarina Noseiman
Kelly Dietz Richard & Pam Frank Robin Niles
Valarie Toes Scott Gillespie Tom Provasi
Eric Sprague Rose Gabriel Ann Dane
Kerry Rasiko Mike Lavine Heather Young
Anita Noble Thomas Williams Adkins Robert Klise
Charlene Garnet Eric Anderson Julie Hilsbeck
Amy Blankenship Jeff Shellito Joe Bond
Phoebe Landry Shelby Vladimir Rifkin
Fisen Savile Nancy Becker Lance Skupin
Cynthia Atkin Drew Newland Janet Brady
Elizabeth Krieger Andrew Hogg Ken Murray
Erica Frick David Keating McClain Brady
Julie St.John Nicole Pelican Jim Ross
Rick Radizinger Anna Gran Nelson Chelsea Fredo
Crystal Anderson John Falk, TSBOR Talley Fletcher
Mark Brady Jeanette Van Sickle Jim Winterberger
John Brewster Emilie Kashtan Craig MacDonald
Jon MonPere Jack Kashtan Jennifer Jennings
Susie Rose Damon Jiange
Provided in a text:
Unknown (8) Denise D'Ambra Liz Cooke
Mike Cooke Ruth Miller Gretchen Corbin
Marcy Dolan Bill Greeno Mat Miller
Mayor Polivy closed public comment.
Council Discussion:
• ADU —030.A
o Number 2 recommendation no ADU's rented permitted after 1/1/20.
o Large issue of property rights.
o Believe ADU's make great long term rentals.
o Legal versus illegally built ADU's.
o Understand the States desire and the rights of property owners.
o Development Code recommendations are consistent with this decision.
o Include language that will link the ADU rental regulation to the State.
• Special Events
o Number 2 recommendation.
o Weddings are big business here and discretion is good.
• Minimum Night Stay
o Eliminate the 2-night requirement.
o The 2-night requirement can return to 2-nights if the issue persists.
• Fines
o Language additions — provides the community the chance to resolve the
issues themselves.
o The additional language clarifies the original language.
• Bed and Breakfast
o Focus on the community benefit of improving the inspection of rental
properties.
Town of Truckee
September 22, 2020 Town Council Regular
Page 4
AGENDA ITEM 6.1
o This does not increase the regulations. The regulations already exist; it
allows regular inspections that will be a community benefit.
o This adds additional expense and regulations.
o External compliance is already occurring through the Fire Department.
o Inviting people into their homes, why not the Fire department.
o Not sure that Chief Seline's example was of a Bed and Breakfast.
o Category—a single family home renting out one room on a transient basis
isaB & B.
o The larger B & B's already have inspection requirements.
■ B & B's re required to have these things but they are not inspected.
o Require a self-attestation form for B & B's.
o Bring this back in a year after some experience is known.
• Bear Sheds
o Required by October 1, 2021 —with two limited exemptions.
o If a Homeowner Associations enacts a central collection — it could be
exempted.
o Add an exemption that states ADUs with owner occupied or long-term
rented on property.
o This is directly from the Placer County ordinance.
• Occupancy Limits
o Age limit of 5 is low.
o How about using 12 and under(common breaking point).
o Age of a child sleeping in a room with the adults.
o Minimize the number of occupants for outside camping.
o Will Placer County rentals now have an advantage over Truckee renters?
o Ski resort community as well —the cost of skiing is very high. Families are
looking for ways to keep costs down.
o Change it to under the age of 13.
• Should ordinance apply to property when not rented?
o Undo limitations on properties that are owner occupies.
o Yes, the ordinance should apply property when not rented.
• Barbeque and Fire pits:
o The 10-foot distance will make it consistent with fire code.
• Chapter 5.02.010
o Strike the entire last sentence of the Purpose Statement.
• Clarification
o Local contact response in 30 minutes. Town is less restrictive then Placer
County. They require a physical visit to nuisance's abatement versus our
that can be done by phone.
Council Motion:
• Waive the first reading and introduce Ordinance 2020-07, with the following
amendments:
• Section 5.02.010 deletion of the last sentence.
• Section 5.02.030 section A, sentence modified to read, No transient occupancy
registration certificate shall be issued for any accessory dwelling unit or junior
accessory dwelling unit for which a building permit was issued on or after January
1, 2020...
Town of Truckee
September 22, 2020 Town Council Regular
Page 5
AGENDA ITEM 6.1
• Section 5.02.030 section C, sub-section 5, modified to read, Maximum
occupancy. The maximum occupancy of a short-term rental shall be two guests
per bedroom, plus two additional people, excluding children under thirteen (13)
years of age. Occupancy limits shall apply between the hours of 10:00 pm and
7:00 am.
• Section 5.02.040 modified to read, All short-term rentals shall comply with the
following standards at all times, regardless of whether a property registered as a
short-term rental is being used as such on a given day, and shall not generate
other potential disturbances which may disrupt the peace, safety, and general
welfare of the neighborhoods in which they are located.
• Section 5.02.050 Sections C and D modified to change the distance from 8 feet
to 10 feet.
• Section 5.02.050 Section F modified to read,Special events,weddings,corporate
events, or any other similar events are prohibited from occurring at a short-term
rental property, unless such events comply with all requirements of this chapter
and this code generally, including without limitation requirements pertaining to
occupancy limits, traffic, parking, and noise. The occurrence of any such event
which violates any such requirements shall be a separate violation of this chapter,
in addition to the violation created by noncompliance with such requirements.
• Section 5.02.050 Section G delete this section.
• Section 5.02.060 sentence added in the first paragraph, The owner of a short-
term rental shall be deemed responsible for all violations of this chapter occurring
at the short-term rental or in connection with its operation, provided that this shall
not preclude the Town from issuing fines or citations to guests, or exercising other
remedies against guests, if the guests are deemed to have committed the violation.
• Section 5.02.060 Section A modified to read, An administrative penalty of up to
five hundred dollars ($500) per day may be imposed for each violation of this
chapter contained in a first administrative citation, and up to one thousand dollars 0
($1,000) per day for each violation contained in a second or subsequent
administrative citation. A prior citation for purposes of this section shall be an
earlier administrative citation for violation of this chapter on the same property that
occurred less than one year prior to the current citation, provided that a previous
citation issued to a guest shall not be deemed a prior citation for purposes of
calculating the penalty for a subsequent citation issued to a guest at the same
property.
• Included in the motion made by Council Member Commendatore, not in the
motion made by Vice Mayor Klovstad and ultimately introduced as part of
the ordinance:
o Section 5.02.030 Section A sentence modified to read, No transient
occupancy registration certificate shall be issued for any accessory
dwelling unit or junior accessory dwelling unit for which a building permit
was issued on or after January 1, 2020 unless California law is amended
to permit the short term renting of such units.
The staff recommendation including the changes as read by Andy Morris, Town
Attorney, and the statement that linked the date for ADU rental restrictions to the
State law. The motion failed for lack of a second.
Town of Truckee
September 22, 2020 Town Council Regular
Page 6
AGENDA ITEM 6.1
The motion above was moved by Vice Mayor Klovstad (excluding the last
modification), seconded by Council Member Abrams, and adopted with the
following roll call vote:
Ayes: Vice Mayor Klovstad, Council Member Abrams, Council Member
Tirman, and Mayor Polivy.
Noes: Council Member Commendatore.
Absent: none.
Abstained: none.
The motion passed 4-1.
Mayor Polivy adjourned for a brief recess at 9:30 pm.
Mayor Polivy reconvened at 9:41 pm.
7.2 PUBLIC HEARING - Consideration of Resolution 2020-67 Renewing the Truckee
Tourism Business Improvement District (TTBID).
Recommended Action: 1) Hold a public hearing for the Truckee Tourism Business
Improvement District renewal and declare results of a majority protest proceeding; 2)
Adopt Resolution 2020-67 Renewing the Truckee Tourism Business Improvement District;
and 3) Appoint a Town Council Representative to the Council-designated seat on the
board of Visit Truckee, the TTBID Owners Association.
Hilary Hobbs, Management Analyst, presented from the staff report (presentation on file
with the Town Clerk).
Mayor Polivy opened the public hearing asking for anyone wishing to speak in
support or opposition to the action stated above.
Written comment received from:
Chris Hinkel Alan Heoney Brian Beiga
Greg Taylor Jan Zabriskie Min Yi
Rolf Godon
Seeing none, Mayor Polivy closed public comment.
Council Direction:
• This is a self-assessment and there is no tax
• Mayor Polivy will continue serving into the future.
The staff recommendation was moved by Vice Mayor Klovstad, seconded by
Council Member Abrams, and adopted with the following vote:
Ayes: Vice Mayor Klovstad, Council Member Abrams, Council Member
Commendatore, Council Member Tirman, and Mayor Polivy.
Noes: none.
Absent: none.
Abstained: none.
The motion passed unanimously.
Town of Truckee
September 22, 2020 Town Council Regular
Page 7
AGENDA ITEM 6.1
7.3 STAFF REPORT - Contract for community communication, marketing, economic
services, and visitor center operation.
Recommended Action: Authorize the Town Manager to execute and 2-year and nine-
month contract with the Truckee Chamber of Commerce for community communication,
marketing, economic services, and visitor center operation based upon the attached
proposal.
Hilary Hobbs, Management Analyst, presented from the staff report (presentation on file
with the Town Clerk). Ms. Hobbs introduced Ted Owens,Truckee Chamber of Commerce
President, and Lynn Saunders, Truckee Chamber of Commerce. Lynn Saunders
presented from the staff report (presentation on file with the Town Clerk).
Council Discussion:
• The budget acknowledged a 5% decrease in the overall budget.
o The reduction is a result of the Town conducting the visitor's center study.
• What a pleasure it is to have the beneficial relationship with our Chamber.
• Excited to see the positive approach to assimilate new community members.
Mayor Polivy opened the item for public comment.
Seeing none, Mayor Polivy closed public comment.
The staff recommendation was moved by Council Member Commendatore,
seconded by Council Member Tirman, and adopted with the following vote:
Ayes: Council Member Commendatore, Council Member Tirman, Council
Member Abrams, Vice Mayor Klovstad and Mayor Polivy.
Noes: none.
Absent: none.
Abstained: none.
The motion passed unanimously.
7.4 STAFF REPORT - Town of Truckee Annual Operating Budget and Capital
Improvement Plan. (10 minutes)
Recommended Action: Approve Resolution 2020-70 to adopt the Town of Truckee
Operating Budget for July through September of 2020 and Capital Budget, including
proposed personnel changes (COLA), and adopt the estimated actuals for 2019-2020
Capital Improvement Project as the amended budget amounts.
Nicole Casey, Administrative Services Manager, presented from the staff report
(presentation on file with the Town Clerk).
Council Discussion:
• Presentation of allocating $15,000 for an art project.
• Presentation of allocating funding $50,000 for the State park project.
Mayor Polivy opened the item for public comment.
Seeing none, Mayor Polivy closed public comment.
Town of Truckee
September 22, 2020 Town Council Regular
Page 8
AGENDA ITEM 6.1
The staff recommendation was moved by Council Member Tirman, seconded by
Council Member Abrams, and adopted with the following vote:
Ayes: Council Member Tirman, Council Member Abrams, Council Member
Commendatore, Vice Mayor Klovstad, and Mayor Polivy.
Noes: none.
Absent: none.
Abstained: none.
The motion passed unanimously.
8. COUNCIL REPORTS
Council Member Commendatore
• Great job from Truckee PD solving electric bike thefts.
Council Member Tirman
• Sister City — Ashland Oregon, Ashland has a sister city relationship with
Guanajuato Mexico, they sent firefighters and resources to Ashland Oregon.
9. CLOSED SESSION
9.1 PUBLIC EMPLOYMENT-Town Manager, Government Code Section 54957 (b).
Action Taken: No reportable action taken.
10. ADJOURNMENT— 10:19 p.m.
To the regular meeting of the Truckee Town Council October 13, 2020, 5:00 p.m. at Town
Hall, 10183 Truckee Airport Road, Truckee, CA.
Respectfully submitted by: Approved:
Judy P ice, MMC, wn Clerk David Polivy, Mayor
Town of Truckee
September 22, 2020 Town Council Regular
Page 9