HomeMy Public PortalAbout2022-02-08______________________________________________________________________________
Town of Truckee
February 8, 2022, Virtual Town Council Regular
Page 1
TOWN OF TRUCKEE
TOWN COUNCIL
REGULAR MEETING MINUTES
February 8, 2022, 5:00 p.m.
Virtual Meeting
Virtually: Bit.ly/council2022
1.CALL TO ORDER - Mayor Henderson called the meeting to order at 5:00 p.m.
2.ROLL CALL: Council Member Polivy, Vice Mayor Romack, Mayor Henderson, Council
Member Klovstad, and Council Member Zabriskie.
Staff Present: Jen Callaway, Town Manager; Dan Wilkins, Public Works Director/Town
Engineer; Nicole Casey, Administrative Services Director; Andy Morris, Town Attorney;
Becky Bucar, Engineering Manager; Hilary Hobbs, Assistant to the Town Manager;
Laura Dabe, Associate Planner; Kimberly English, IT Systems Analyst; Rosie Johnson,
Short Term Rental Administrative Analysist II; Isaac Landman, Civic Spark Fellow;
Angela Martin, Short Term Rental Administrative Analyst I; Denyelle Nishimori,
Community Development Director; Hilary Hobbs, Assistant to the Town Manager;
Bonnie Thompson-Hardin, Human Resources Administrator and Sarah Ring,
Administrative Technician.
3.PLEDGE OF ALLEGIANCE – recited in unison.
4.PUBLIC COMMENT - none.
Kimberly English, IT Technician provided instruction on how public comment would be
handled and how the public will be able to participate utilizing the raise hand icon in
Zoom.
5.PRESENTATIONS
5.1 Judy Newland, Chief Operating Officer, and Dr. Shawni Coll Chief Medical Officer,
with Tahoe Forest Hospital, presented the COVID update.
5.2 Becky Bucar, Engineering Manager presented the Brockway Road Wall Art Request
for Proposal status (presentation on file with the Town Clerk).
5.3 Jen Callaway, Town Manager presented the 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 Vice Mayor Romack and seconded by Councilmember Klovstad,
to approve the Consent Calendar as follows:
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Town of Truckee
February 8, 2022, Virtual Town Council Regular
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6.1 Approve the Town Council Minutes for February 1, 2022, Teambuilding.
6.2 Authorize the Public Works Director/Town Engineer to file a Notice of Completion
with the Nevada County Recorder for the 2021 Paving and Drainage Project, C2102.
6.3 Authorize the Town Manager to execute a contract with Eastern Sierra Engineering
(ESE) for an amount of $154,536 for Railyard Transit Center Site Design, C1820.
6.4 Authorize the Public Works Director/Town Engineer to purchase a 2022 Ford Hybrid
Explorer for the Police Department.
The Consent Calendar carried with the following vote:
Ayes: Vice Mayor Romack, Council Member Klovstad, Council Member
Polivy, Councilmember Zabriskie, and Mayor Henderson.
Noes: none.
Absent: none.
Abstained: none.
The motion passed unanimously.
7.DISCUSSION ITEMS
7.1 PUBLIC HEARING – Fiscal Year 2020/2021 AB 1600 Traffic and Facility Impact Fee
Public Hearing and Fee Adjustments.
Recommended Action: Council conduct a Public Hearing on FY 2020/2021 AB 1600 fee
revenues and expenditures; adopt Resolution 2022-06 making findings to retain AB
1600 fees collected in excess of five years ago which remain unspent; adjust the
AB1600 traffic impact fees from $6,346/DUE to $8,264/DUE to reflect increased project
construction cost estimates; and adjust the AB 1600 facilities impact fee upward by
5.88% to reflect inflationary cost adjustments.
Becky Bucar, Engineering Manager presented from Staff Report (Presentation on
file with Town Clerk).
Dan Wilkins, Public Works Director/Town Engineer; provided clarifying comment
on conversations that occurred with Contractors Association of Truckee Tahoe
(CA-TT), and Patrick Flora (CA-TT), Truckee North Tahoe Government Affairs
Manager.
It’s common practice when Town staff receives higher quality cost information to
plug that into the calculation on our fee adjustment.
Usually, its lower dollar project costs that do not generate a drastic shift to the
Impact Fees.
Next steps: brush up the old project design, look for opportunities to reduce
project costs, find efficiencies, look for other funding sources of which there are
none that staff is aware of currently.
Council Questions:
If the inflationary adjustment was made, per CA-TT’s request, and the data we
need is received this summer, Town could implement the fee update mid-stream
or build it into the update next year.
Staff would prefer to build in adjustments with the next year’s update.
The study work is projected to take a year to a year and a half before completion
is expected.
CA-TT’s comment letter referenced Level of Service; the consultant will provide
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February 8, 2022, Virtual Town Council Regular
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data for both Level of Service and Vehicle Miles Travelled (VMT) in their report.
If the road were not built and deleted from the program, and other mitigating
options were posed; the fees would ultimately be reduced, and funds in the
account would be used for other projects.
If Council decided to adopt CA-TT’s recommendation, and then moved forward
with the Bridge Street/ Pioneer Trail Project, we’d be raising fees to make up for
lost ground and looking for alternative funds.
CA-TT’s concern is uncertainties as to whether we’ll ever build the project,
o Mr. Wilkins prefaced his comment to this - he wanted to be thoughtful
about not misrepresenting CA-TT’s interest.
o As a general rule, CA-TT takes an interest in any development related
fee.
The Town is not obligated to adjust the fee in any fashion.
o We have a limit on the upper end.
o There needs to be a nexus with the fee being charged, projects being
implemented, and the development impacts being mitigated.
o What staff is recommending is consistent with our past practice.
o The magnitude of increase in fees is larger because of the scope of the
project.
If you try to split the fee, it would be hard to come up with the rationale on how
that would work.
This is the largest CPI increase that staff has seen in the construction cost index.
The circulation element is currently being written in the General Plan – assuming
this road exists; if the road was removed from the program, the consultant has
been prepared and will ensure that the removal of it is included in the model.
It overlaps into other elements such as safety (evacuation), greenhouse gas
emissions, etc.
Accessory Dwelling Units pay Traffic Impact Fees based on square footage.
Mayor Henderson opened the public hearing asking for anyone wishing to speak
in support or opposition to the action stated above.
Verbal and written public comment received form Patrick Flora, Government
Affairs Manager, Contractors Association of Truckee Tahoe.
Mayor Henderson closed public comment.
Council Discussion:
From a technical standpoint staff could not articulate what a middle number and what
the rationale should be if Council tried to agree to a middle ground.
Jen Callaway, Town Manager offered clarifying comments that technically the Town
could collect less.
We would not need to show a mathematical calculation to determine a number, we
would only need to show that we can spend what we’ve collected.
Council discussed meeting in the middle.
Councilmember Polivy moved to adopt the alternative action proposed by staff,
the motion was seconded by Vice Mayor Romack and failed with the following
vote.
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Ayes: Council Member Polivy, and Vice Mayor Romack.
Noes: Councilmember Klovstad, Mayor Henderson, and Council Member
Zabriskie.
Absent: none.
Abstained: none.
The motion failed 2-3.
The staff recommendation as presented in the staff report was moved by
Councilmember Klovstad, seconded by Mayor Henderson, and adopted with the
following vote:
Ayes: Councilmember Klovstad, Mayor Henderson, and Council Member
Zabriskie.
Noes: Council Member Polivy, and Vice Mayor Romack.
Absent: none.
Abstained: none.
The motion passed 3-2.
7.2 STAFF REPORT – Short-term Rental Program Study and Recommendations for
Ordinance Updates.
Recommended Action: 1) Receive a presentation and provide feedback on the short-
term rental (STR) study and recommendations for updates to the Short-Term Rental
Ordinance. 2) Provide direction to staff regarding the concept for a new STR registration
certificate-based Workforce Housing Advancement Program to incentivize new
workforce housing.
Hilary Hobbs, Assistant to the Town Manager presented from staff report (presentation
on file with Town Clerk).
Isaac Landman, Civic Spark Fellow presented as well offering Council feedback from
research done on other jurisdictions.
Mayor Henderson adjourned for a brief recess at 6:52 pm
Mayor Klovstad resumed the meeting at 7:05 pm
Mayor Henderson provided opening comments before entering Council questions.
Mayor Henderson read excerpts from the Truckee Way.
Council Questions:
Clarification on bullet 2 – Phasing out STR’s in all Accessory Dwelling Units (ADUs).
o There was a state law passed a couple of years ago stating that an ADU that
received its building permit on or after January 1, 2020, will not be able to
short term rent.
o Including, after the fact permits, an ADU constructed before the January 1,
2020, with no permit that comes in after-the-fact permit would not be eligible
to ever short-term rent.
The Town now has a program to help bring ADU’s into compliance if they were
legally constructed before the January 1, 2020.
Token concept is a discretionary concept with value on the back end but on the front
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end can be established in whatever way Council sees fit.
Council can propose a cap on ADU short-term renting.
Recommendation would be to phase out multi-family dwellings that short term rent
such as The Boulders.
o This would happen as the properties change over or if families decide not to
renew.
Laura Dabe, Associate Planner, offered background on Tahoe Donner Lodge.
o In 1978 there was a conversion of the Lodge to a lodging use that was
condos, but there was a restriction that identified that they could not be
occupied by full time residents.
o The condos were always intended as a short-term use, and not full-time
residences.
o It would not be subject to the multi-family prohibition if the Council decides to
go forward with that.
o Recommendation would be to change the zoning of that property.
The Short-Term Rental Committee wants to be consistent and allow an equal
opportunity to each community with eligibility to short-term rent, which would also
spread the impact.
Home Owner Association (HOA) regulations will exist on top of or next to the Town
regulations.
Approximately 10 property owner sent communication that they were not renting
during 2020 but would like to that were impacted by the moratorium; should there be
some consideration or exceptions in some of these cases?
The penalty fee would be over one thousand dollars per night fee, more than the
opportunity to earn revenue.
A waiting list policy is more definitive; there may not always be a waitlist, and a
waitlist has no definitive period of time you’d need to wait, versus implementing a
waiting list that states under no circumstances will you be able to qualify to short
term rent for ex amount of time.
The Town currently contracts with Host Compliance, to mine the popular hosting
platforms.
o The have ways to match up listing with property information and cross
reference for compliance.
o Town has a requirement that all advertisements must post their registration
certificates numbers.
o Staff individually follows up with the properties that are out of compliance.
With recommendations made this evening the Town has sufficient staff resources.
Discovery of unregistered non-compliant STRs is complaint driven and harder to
track.
Mayor Henderson opened the item for public comment.
Mayor Henderson closed public comment.
Verbal public comment was received by:
Derek Minetti Shawn McKay Andrew Hogg
Sam Grossberg Diane Alouise John Falk
Brynn Schuchardt Crystal Baker Ray Villaman
Dean Rizzi Daren Minetti Damon Cianci
Chris Fowler Joe McGinty Melanie Meharchand
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Sara Walket Christy Roberts Mike Phillips
Suzie Rose Melissa Bostwick Phyllis Watson
Written Public Comment was received by:
Aaron Daru Eric Premack Melanie Meharchand
Adam Casteberry Erik Johnson Michael Golden
Allan Crawford Erin Robbins Mike Phillips
Andrew Hogg Gretchen Corbin Mike Wolf
Annette Merriman Isaiah Paradiso Paco Lindsay
Annie Gauchan Jaimee Saliba Patrick Flora
Anthony Kahn Jan Holan Peg McAllister
Barry Migst Janet Brady Rebecca Radtke
Bernd Kutzscher Jason McClelland Robert McCray
Bill Pepoon Jeff Bender Ryan Kugel
Carly Hug Jeff Dye Sara and Gary Walker
Carmen Carr Jeff Dye (2) Scott Alcaide
Carol Lindsay Jeff Shellito Shawn and Rich McKay
Catherine Clune Jennifer Fielding Shawn McKay
Chris Fowler Jennifer Jennings Sheila Cole
Christine Madden Jorg Heinemann Skye Allsop
Corey Hunt Ken Murray Suzie Rose
Damon Cianci Kevin Dielissen Terri Derr
Damon Cianci (2) Linda Rossi Thomas Luria
Darryk Ataide Lori Campusano Tom Baird
David Carman Loriann Smoak Rose Tony Owings
Derek Minetti Marlys Zusy Trudy Vella
Elizabeth Creger Jack Kashtan Melanie Meharchand
Tahoe Sierra Board of
Realtors TSBOR
Jaimee Saliba
Mayor Henderson adjourned for a brief recess at 8:56 p.m.
Mayor Henderson resumed the meeting at 9:01 pm.
Council Discussion:
Jen Callaway, Town Manager offered clarification that there are potentially more than
nine STR ADU’s. There are some that were built legally but may not have a permit that
could apply for a permit.
Council Direction:
1.Establish a town-wide cap on STR registration certificates at current number.
2.Multi-family: Phase out STR’s in Multi-family and ADUs. - meaning that no new
registration certificates will be issued for these types of units; current certificate
holders will be permitted to renew.
3.Establish a one year waiting period after a home sale before a property is eligible
to qualify to register as an STR.
4.Increase penalties and fees for nuisance and non-compliance and add a new fee
for inspections following a citation.
5.Establish annual registration deadline December 31st for annual permit review.
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6.Establish a bi-annual review with the first being in July of 2023 and then bi-
annually after that.
7.Everyone on an equal platform in the ability to STR.
8.Council was very supportive of the incentive program concept.
Bike rack: To be revisited at the bi-annual review.
Full-time resident rental of their home.
o No to exemptions - review exemptions at that first-year review.
Not in support of a lottery, stick with the wait list and review in 2023.
Exemption to anyone who will short term rent to a seasonal worker.
Revisit minimum number of days next year; Council needs more information.
Come back with more detail on potential incentives.
Next steps: Staff will begin drafting the ordinance updates described above, which will
come back to Town Council for consideration this spring. The committee will also begin
to develop the incentive concept program guidelines and will begin developing a
valuation framework for this program. We anticipate presenting the incentive program to
Council this summer. We will keep you updated as we schedule these upcoming
Council meetings.
7.3 STAFF REPORT - Town Attorney Performance-Based Pay and Employment
Agreement.
Recommended Action: Approve Resolution 2022-07 awarding a one-time non-base pay
compensation amount of $11,969.27 to the Town Attorney, Andrew Morris; and approve
the attached Employment Agreement for the period December 30, 2021 through
December 30, 2025 for the initial annual salary of $199,487.86 and deferred
compensation of $12,000.
Mayor Henderson opened the item for public comment.
Seeing none, Mayor Henderson closed public comment.
The staff recommendation was moved by Council Member Zabriskie, seconded by
Mayor Klovstad, and adopted with the following vote:
Ayes: Council Member Zabriskie, Councilmember Klovstad, Council
Member Polivy, Vice Mayor Romack, and Vice Mayor Henderson.
Noes: none.
Absent: none.
Abstained: none.
The motion passed unanimously.
8.COUNCIL REPORTS
Council Member Polivy
Attended the Private Business Employer Meeting.
Spoke with a member Citizens Climate Lobby (CCL).
Spoke with Truckee Trails Foundation.
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Vice Mayor Romack
Attended the Microtransit Working Group meeting.
Sat on a panel for the Nevada County Leadership group.
Sat in on a meeting with the state librarian.
Council Member Klovstad
Spent time talking to the 100% Renewable Truckee Group.
Watched webinars on decarbonizing building.
Watched a demo on the ledger dashboard system.
Attended another Climate Transition Alliance (CTA) meeting.
Attended the Single-use Foodware Reduction Committee meeting.
Attended the Council and Department Head Teambuilding.
Council Member Zabriskie
Attended the Nevada County Transportation Commission (NCTC) meeting.
Attended the Truckee River Watershed Basin Group.
Attended the Microtransit Working Group meeting.
Attended the Truckee North Tahoe Transportation Management Association (TNT
/TMA) meeting.
Mayor Henderson
Attended a meeting with the state librarian.
Attended the full-day Council Teambuilding.
Met with the Waldorf School Board.
Took a walk with Ruth Miller – topic transportation.
9.ADJOURNMENT – 10:42 p.m.
To the regular meeting of the Truckee Town Council February 22, 2022, 5:00 p.m. at Town
Hall, 10183 Truckee Airport Road, Truckee, CA.
Respectfully submitted by: Approved:
Sarah Ring, Administrative Technician,
on behalf of Judy Price, MMC, Town Clerk
Courtney Henderson, Mayor
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