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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: DocuSign Envelope ID: 8BBF97C2-75F4-4119-B12B-309CF935B344 ______________________________________________________________________________ Town of Truckee February 8, 2022, Virtual Town Council Regular Page 2 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 DocuSign Envelope ID: 8BBF97C2-75F4-4119-B12B-309CF935B344 ______________________________________________________________________________ Town of Truckee February 8, 2022, Virtual Town Council Regular Page 3 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. DocuSign Envelope ID: 8BBF97C2-75F4-4119-B12B-309CF935B344 ______________________________________________________________________________ Town of Truckee February 8, 2022, Virtual Town Council Regular Page 4 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 DocuSign Envelope ID: 8BBF97C2-75F4-4119-B12B-309CF935B344 ______________________________________________________________________________ Town of Truckee February 8, 2022, Virtual Town Council Regular Page 5 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 DocuSign Envelope ID: 8BBF97C2-75F4-4119-B12B-309CF935B344 ______________________________________________________________________________ Town of Truckee February 8, 2022, Virtual Town Council Regular Page 6 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. DocuSign Envelope ID: 8BBF97C2-75F4-4119-B12B-309CF935B344 ______________________________________________________________________________ Town of Truckee February 8, 2022, Virtual Town Council Regular Page 7 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. DocuSign Envelope ID: 8BBF97C2-75F4-4119-B12B-309CF935B344 ______________________________________________________________________________ Town of Truckee February 8, 2022, Virtual Town Council Regular Page 8 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 DocuSign Envelope ID: 8BBF97C2-75F4-4119-B12B-309CF935B344