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HomeMy WebLinkAboutMin - CC - 2020.11.02CITY O BURLINGAME coo � 90 $AarEo � xE � BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting on November 2, 2020 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date online at 7:01 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Assistant City Attorney Spansail and City Librarian McCulley. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION a. PUBLIC EMPLOYMENT (GOVERNMENT CODE SECTION 54957) TITLE: CITY ATTORNEY (RECRUITMENT) Mayor Beach reported that the Council took no action and have nothing to report. 5. UPCOMING EVENTS Mayor Beach reviewed the upcoming events taking place in the city. 6. PRESENTATIONS a. PRESENTATION OF THE VETERANS DAY CERTIFICATES Mayor Beach explained that four years ago, the City began celebrating Veterans Day by honoring Burlingame veterans at a Council meeting. Mayor Beach recognized the following veterans: Burlingame City Council November 2, 2020 Approved Minutes • Specialist-5 James E. Shypertt, who served in the U.S. Army from 1957 to 1958 and was a member of the 498th Engineer Battalion in Germany. • Sergeant Charles Voltz, who served in the U.S. Army from 1955 to 1957 and was stationed in Japan for 18 months. • Staff Sergeant Dale Perkins, who served in the U.S. Army in 1953 and was a member of the 61h Infantry Division at Fort Ord. • I't Lieutenant William Sexton, who served in the U.S. Army from 1968 to 1970 and was stationed at Fort Lee, Virginia, Fort Carson, Colorado, and the Demilitarized Zone ("DMZ") in the Republic of Korea. • Charles L. Kavanagh, who served in the U.S. Air Force from 1964 to 1968 and was a radio operator in Turkey during the Cold War. • Raymond J. Tyler, who served in the U.S. Navy from 1958 to 1962. He graduated from the Naval Photography School and served on the U.S.S. Franklin D. Roosevelt. • James J. Pettee Jr., who served in the U.S. Navy from 1951 to 1955 and was in the Korean War. • Colonel Alden Cunningham, who served in the U.S. Army from 1963 to 1990. He graduated from the U.S. Military Academy at West Point and did tours in Germany, Vietnam, Korea, Mexico, and Nicaragua. Councilmember Ortiz thanked the veterans for their service to the country. Mayor Beach opened the item up for public comment. Connie Quirk stated how proud she was of Ray Tyler's service and thanked all the veterans for their service. Raymond Tyler thanked the Council for recognizing his years of service. Alden Cunningham thanked the Council for their recognition and thanked the Council for their great work. Mayor Beach closed public comment. Councilmember Brownrigg thanked the veterans for their service. He noted that it always gives him great pleasure to work with veterans and show them gratitude for their service. Councilmember Colson thanked the veterans for their service. Vice Mayor O'Brien Keighran extended her gratitude to the veterans. She noted their dedication to the community of Burlingame. b. PROCLAMATION HONORING KATHLEEN KANE'S SERVICE TO THE CITY Mayor Beach recognized Kathleen Kane for her seven -plus years of service as the City Attorney of Burlingame. She explained that City Attorney Kane would be leaving the City to take a job as MTC's General Counsel. 2 Burlingame City Council November 2, 2020 Approved Minutes Mayor Beach presented City Attorney Kane with a proclamation that recognized her accomplished legal career, her dedication to the City, and her amazing Zoom backgrounds. Councilmember Colson thanked City Attorney Kane for making her job easier and for her hard work and friendship. Councilmember Brownrigg expressed gratitude for City Attorney Kane's innovation and assistance in several projects to better the City. Councilmember Ortiz stated that he would miss City Attorney Kane's friendship and asked that they keep in touch. Vice Mayor O'Brien Keighran stated that the City was lucky to hire City Attorney Kane and thanked her for all her hard work and innovation. Mayor Beach stated that the City couldn't have had the success the Council had without the assistance of the City Attorney. Congratulations to City Attorney Kane on her new position; you'll be missed. City Attorney Kane stated that it had been an honor and pleasure to work with the Council, Department Head team, and City staff. c. NOVEMBER 3, 2020 PRESIDENTIAL ELECTION INFORMATION City Clerk Hassel -Shearer began by thanking the community for showing up to assist the County Elections Office in staffing all of the Voting Centers. She noted that as of Sunday, November 1, 2020, the County had received 13,837 ballots from the City of Burlingame. She explained that the City has 19,950 registered voters, and therefore approximately 70% of the City had already voted. City Clerk Hassel -Shearer reviewed options for voters on Election Day. She noted that they can either drop off their ballot at a Voting Center or at an official drop box or vote in person at any of the 45 Voting Centers in the County. City Clerk Hassel -Shearer highlighted the arenas and stadiums across the United States that opened up their facilities for voters this year. She noted that it had the double effect of helping to insure social distancing and garner excitement. City Clerk Hassel -Shearer discussed ballot tracking. She noted that this important app from the Secretary of State's Office allows voters to track their ballot and ensure that it was counted. City Clerk Hassel -Shearer reviewed how vote -by -mail ballots are processed in San Mateo County. She noted how thorough the process is to ensure that every vote counts, voter intent is acknowledged, and that ballots are properly processed. Burlingame City Council November 2, 2020 Approved Minutes City Clerk Hassel -Shearer ended with a message of patience. She noted that it takes a lot of time to process mail ballots, and with the large number of mail ballots this year, it will take a while to certify results. She stated that in 2018 during the mid-term election, California had 5.2 million of the 12.1 million ballots left to process as of the Friday after the election. City Clerk Hassel -Shearer noted that other states had different start dates for processing ballots. Michigan and Pennsylvania, for example, don't begin processing until Election Day. Councilmember Colson asked where voters should go to see local or State results. City Clerk Hassel -Shearer recommended that the community visit smcvote.org for County results and the Secretary of State's website for statewide results. Councilmember Colson noted that her daughter re -registered in Wisconsin but that they had received a California ballot as well. She asked what she should do with that ballot. City Clerk Hassel -Shearer recommended surrendering that ballot at a ballot box and notifying the Elections Office of the move. Mayor Beach opened the item up for public comment. No one spoke. Mayor Beach thanked the City Clerk for her presentation. 7. PUBLIC COMMENT There were no public comments. 8. CONSENT CALENDAR Mayor Beach asked her colleagues and members of the public if they would like to pull any item off the Consent Calendar. Mayor Beach pulled item 8i. Councilmember Ortiz made a motion to adopt items 8a, 8b, 8c, 8d, 8e, 8f, 8g, and 8h; seconded by Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR OCTOBER 19, 2020 City Clerk Hassel -Shearer requested Council approve of the City Council Meeting Minutes for October 19, 2020. b. ADOPTION OF AN ORDINANCE AMENDING BURLINGAME MUNICIPAL CODE SECTION 18.07.110 TO MODIFY CONSTRUCTION HOURS AND THE EXCEPTION PROCESS FOR WORK CONDUCTED OUTSIDE OF LEGAL HOURS CDD Gardiner requested Council adopt Ordinance Number 1985. 4 Burlingame City Council November 2, 2020 Approved Minutes c. ADOPTION OF AN ORDINANCE TO AMEND THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT TO REMOVE THE CITY OF PALO ALTO FROM THE DISTRICT CDD Gardiner requested Council adopt Ordinance Number 1986. d. ADOPTION OF AN ORDINANCE AMENDING THE ZONING CODE (OFF-STREET PARKING) TO REDUCE THE OFFICE PARKING RATIO FOR PROPERTIES LOCATED IN THE NORTH BURLINGAME MIXED USE (NBMU) ZONE; MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), DESIGN REVIEW, AND CONDITIONAL USE PERMIT FOR MECHANICAL PARKING STACKERS FOR A NEW SEVEN -STORY, MIXED -USE DEVELOPMENT WITH RETAIL, OFFICE AND 60 RESIDENTIAL UNITS WITH BELOW GRADE PARKING AT 1766 EL CAMINO REAL CDD Gardiner requested Council adopt Ordinance Number 1987, Resolution Number 134-2020; and Resolution Number 135-2020. e. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY'S PARTICIPATION IN UNITED AGAINST HATE WEEK City Manager Goldman requested Council adopt Resolution Number 136-2020. f. ADOPTION OF A RESOLUTION ACCEPTING THE 1740 ROLLINS ROAD AND 842 COWAN ROAD PUMP STATIONS FLAP GATES REPLACEMENT PROJECT BY VALENTINE CORPORATION, CITY PROJECT NUMBER 85830 DPW Murtuza requested Council adopt Resolution Number 137-2020. g. ADOPTION OF A RESOLUTION ACCEPTING THE EASTON DRIVE DRAINAGE IMPROVEMENTS PROJECT BY EPS, INC. DBA EXPRESS PLUMBING, CITY PROJECT NO.85610 DPW Murtuza requested Council adopt Resolution Number 138-2020. h. ADOPTION OF A RESOLUTION TO APPROVE THE 2020 TOURISM BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND TO GIVE NOTICE OF INTENT TO LEVY ASSESSMENTS FOR 2021 Finance Director Augustine requested Council adopt Resolution Number 139-2020. i. APPOINTMENT OF SCOTT SPANSAIL AS INTERIM CITY ATTORNEY 5 Burlingame City Council November 2, 2020 Approved Minutes Mayor Beach introduced Scott Spansail to the community. She explained that he had been serving as the Assistant City Attorney since December 2019. She thanked him for taking on this interim position. Assistant City Attorney Spansail thanked the Mayor and stated how lucky he had been to work with City Attorney Kane. Mayor Beach opened the item up for public comment. No one spoke. Vice Mayor O'Brien Keighran made a motion to approve the appointment of Scott Spansail as Interim City Attorney; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0. 9. PUBLIC HEARING a. PUBLIC HEARING TO CONSIDER INTRODUCTION OF A SHORT-TERM RENTAL ORDINANCE, ADDING CHAPTER 6.56 TO TITLE 6 OF THE BURLINGAME MUNICIPAL CODE AND AMENDING CHAPTER 4.09 UNIFORM TRANSIENT OCCUPANCY TAX CDD Gardiner began by acknowledging the individuals that worked on this project: City Attorney Kane, Assistant City Attorney Spansail, City Manager Goldman, CDD Gardiner, Good City Company Principal Aaron Aknin, and Good City Company Senior Planner Kelly Beggs. Mr. Aknin stated that the purpose of the public hearing was to introduce the Short -Term Rental Ordinance that adds Chapter 6.56 to Title 6 of the Municipal Code and amends Chapter 4.09 Uniform Transient Occupancy Tax. He explained that in December 2019, the Council provided high level policy direction on short-term rentals, and in July 2020, the Council provided specific policy direction. He reviewed Council's policy direction: • Primary residency requirement • Local contact • Concurrent listing limitations • Un-hosted rental limitation • TOT collection Mr. Aknin noted that the Council also discussed occupancy limitations and night minimums. However, he explained that short-term rental platforms object to these requirements, and they are also hard to enforce. He added that several people avail themselves of short-term rentals in Burlingame when they are on business trips. Therefore, unlike weekend getaways to Napa, the stays in Burlingame are usually one to two nights. Mr. Aknin reviewed the City's Airbnb statistics: • 190 active short-term rental listings • 9,200 Airbnb rental nights in Burlingame • 18,000 Burlingame residents have used Airbnb as renters 6 Burlingame City Council November 2, 2020 Approved Minutes He also noted that Airbnb indicated support for the City's proposed ordinance, and staff is working on securing a collection agreement. Mr. Aknin discussed the proposed policy framework that was presented to the Council in July 2020: 1. Allow limited short-term rental uses while preventing the loss of housing stock. 2. Preserve the residential character of neighborhoods and establish operating standards to reduce potential noise, parking, traffic, property maintenance, and safety impacts on adjacent neighbors. 3. Require a business license and registration so the City can track and enforce these requirements as needed and ensure an appropriate collection of TOT. Mr. Aknin reviewed key definitions in relation to the proposed short-term rental ordinance: • Short Term Rentals — dwelling units that are rented for periods lasting fewer than 30 days • Host — the owner or long-term lease holder of a residence, who offers a dwelling unit, or portion thereof, for short-term rental • Hosted Rental — any short-term rental where the host is present on the premises, particularly during the nighttime hours • Un-hosted Rental — any short-term rental where a host is not present • Primary Resident— homeowner or long-term renter who lives in the home a majority of the year and can provide evidence Ms. Beggs stated that a key guiding principal of the short-term rental ordinance is to allow short-term rentals while preventing housing stock loss. She noted that staff and the consultants developed two ways to safeguard this principal: 1. Primary Residence Requirement — to ensure primary residency, the short-term rental application has to include proof of primary residence. This restriction is in place to prevent people from buying houses, condos or apartments to be used exclusively for short-term rental. 2. Limit of 120 "Un-hosted" Rental Days Per Year — this limits the number of nights that hosts can rent their homes without their presence. This restriction prevents individuals from using their homes exclusively for short-term rental. Ms. Beggs discussed regulations that were incorporated into the short-term rental ordinance to protect neighborhood character including: • Prohibition on special events — such as weddings and parties • Concurrent listing limitation — prevents a short-term rental from having more than one rental in the same residence on the same day • Noise ordinance applicable • Onsite parking requirement to be available to renters • 24/7 local contact person requirement for un-hosted rentals • Recycling/refuse requirements Ms. Beggs reviewed the registration process for hosts to undertake short-term rentals in Burlingame: • Hosts must register their primary residence as a short-term rental with the City prior to advertising or making the primary residence available for renting 7 Burlingame City Council November 2, 2020 Approved Minutes • TOT regulations (Chapter 4.09) revised to explicitly include short-term rentals • Business license required She noted that there would be an application fee, in addition to the business license fee, and that the application fee would be annual. Ms. Beggs reviewed TOT for short-term rentals under the proposed ordinance: • Transient Occupancy Tax is required for short-term rentals and must be paid to the City • City may also enter into collection agreements with Hosting Platforms such as Airbnb. Ms. Beggs reviewed program administration options. She explained that after the ordinance is adopted, staff will consider a variety of options on how to administer the program including: • Collection agreements with hosting platforms • Consulting firm for outreach, registration, and renewal • Consulting firm for TOT collection Councilmember Colson asked what would happen if one of the rental sites has no parking associated with it. Mr. Aknin stated that in that case, the host would be allowed to move forward, but the City would direct the host to have the renter park within a certain area. Councilmember Brownrigg thanked Good City Company for the presentation. He asked how this ordinance captures, or if it is intended to capture, when someone puts up a listing on a community board or through HIP Housing. He noted that he hoped these situations were not included as he didn't want to see those working with HIP Housing required to pay TOT. Ms. Beggs stated that provided that it is longer than a 30- day rental, it wouldn't fall under the umbrella of short-term rental. Councilmember Ortiz asked about the number of days other cities allow un-hosted rentals. Additionally, he asked how the other cities enforce the limit and whether it is enforceable. Mr. Aknin stated that 120 is the most common number of days that cities allow un-hosted rentals. He noted that San Francisco, through a court agreement, settled on 90 to 95 days. He added that there are third -party companies that will work with the City to enforce the limitation. Vice Mayor O'Brien Keighran stated that under the ordinance the homeowner or long-term renter has to prove that they live in the dwelling for a majority of the year. She asked whether a long-term renter would get to decide to rent the home, or if it would be the homeowner. Mr. Aknin stated that the long-term renter would have to work with the property owner if they wanted to rent out their residence while they were out of town. City Attorney Kane stated that the question would be whether the City has to review private leases when a host application is submitted or whether the City would leave that up to the private parties. She noted that most leases would prohibit this behavior. Vice Mayor O'Brien Keighran voiced concern that tenants would do this without permission from the owner. Ms. Beggs stated that the proposed application requires proof of ownership of the unit/home or proof of the property owner's consent. 8 Burlingame City Council November 2, 2020 Approved Minutes Mayor Beach stated that on page 2 of the proposed ordinance, there is a definition of what constitutes an adjacent property. She noted that she wants to make sure the City protects the residential quality of the City's neighborhoods. She asked if the Council felt comfortable with the definition, which is "dwelling units located next to and immediately across the street from the dwelling unit in which the short-term rental is located." Ms. Beggs stated that the definition can be refined if need be to ensure that it includes residents of apartment complexes. City Attorney Kane stated that after reviewing the proposed ordinance, staff concluded that it is adequate to cover the Mayor's concern, but if the Council wants to make other changes, it is an opportunity to refine that definition. Mayor Beach asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel -Shearer read the title. Vice Mayor O'Brien Keighran made a motion to waive further reading and introduce the ordinance; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. Mayor Beach opened the public hearing. Gemma Roche voiced concerns about putting restrictions on short-term rental hosts when community members need additional income as a result of COVID-19. (comment submitted via publiccomment(d),burlin-ag me.org). San Mateo County/Silicon Valley Convention and Visitors Bureau President John Hutar stated their endorsement of the ordinance and thanked the Council for requiring TOT on short-term rentals. (comment submitted via publiccomment(&burlin ag me.org). Melanie Wang stated that short-term rentals are often used to house citizen's family members that visit them from out of town. She stressed her support for short-term rentals. (comment submitted via publiccomment(&,burlingame. org). Mayor Beach closed the public hearing. Councilmember Brownrigg reviewed several questions he had: • He stated the proposed ordinance specifically states that short-term rentals are not permitted in accessory dwelling units ("ADUs"). He asked why ADUs are off limits. • He stated that under the proposed ordinance, the host would have to pay a registration fee and a business license fee. He asked if the registration fee is necessary since the City would be collecting tax on the rentals. • He asked about the collection of the registration fee every fiscal year. He noted that fiscal year should be more clearly defined in the ordinance. 9 Burlingame City Council November 2, 2020 Approved Minutes • He stated that he supported having an agent for the un-hosted nights on call 24/7. He voiced concern about requiring the agent to respond within an hour to a call. He asked what language other cities have used for un-hosted nights. City Attorney Kane explained that reserving ADUs for long-term rentals versus short-term rentals is a policy decision. She stated that State regulations are geared towards utilizing ADUs for long-term rentals in order to create affordable housing. She added that the Council can review this policy question and determine what is best for Burlingame. City Attorney Kane stated that the registration/application fee is a cost recapture tool for the additional staff time needed to administer the program. She explained that the TOT the City receives from hotels is a straight tax. Therefore, by using the registration fee to cover administration costs, the TOT on short-term rentals would act in the same manner as hotel TOT. However, she noted that this is a policy call. Vice Mayor O'Brien Keighran asked if staff had determined what the registration/application fee would be. Ms. Beggs stated that the range for the initial application fee would be between $100 and $500, and the annual renewal would be between $50 and $200. Finance Director Augustine discussed Councilmember Brownrigg's question regarding fiscal year. She stated that the City utilizes the July 1-June 30 fiscal year for when fees are due. She explained that business licenses are renewed every year on July 1. Councilmember Brownrigg stated that the date of the fiscal year should be spelled out in the ordinance. Mayor Beach asked about Councilmember Brownrigg's question regarding the 24/7 on -call requirement during un-hosted nights. Ms. Beggs stated that there is precedence for this requirement in other cities. She noted that Redwood City and Millbrae have similar requirements. Councilmember Ortiz asked if he heard correctly that if ADUs were allowed to be short-term rentals, that even if the owner is in the house, the rental would be deemed un-hosted. He noted that this would limit ADU short-term rentals to 120 days. Mr. Aknin replied in the affirmative. He explained that because the ADU is a separate unit with a separate kitchen, it is considered un-hosted. Councilmember Colson stated that she believed staff created a balanced approach of the needs of the community versus private property rights. Additionally, she stated that it created a fairness situation in regards to TOT. She noted that she didn't want people building ADUs to turn them into mini -hotels in the back of their properties. Councilmember Colson stated that she wasn't opposed to collecting a registration fee. She explained that it is common to require an individual to reimburse the City for the staff time. Councilmember Colson explained that the TOT wouldn't be gouging the hosts of the short-term rentals; instead, the hosts would be adding this tax to the cost of the rental. She stated that this is how it is done with hotels. 10 Burlingame City Council November 2, 2020 Approved Minutes Councilmember Ortiz politely disagreed with his colleague, Councilmember Colson. He explained that if the ADU would be considered un-hosted, therefore limiting it to 120 rental nights, he was okay with it. He stated that he believed that the Council needed to consider allowing ADUs to be rented out short-term. He added that the Council could limit which ADUs are allowed to be rented out short-term by stating that the ADU must have been built before a certain date. Vice Mayor O'Brien Keighran stated that she was in favor of the registration fee. She explained that it takes staff time to administer the program, and therefore the cost needed to be recaptured. She added that she liked the 24/7 requirement for un-hosted nights. Vice Mayor O'Brien Keighran stated that ADUs were created for long-term housing, and therefore she would rather keep them available for that purpose. Mayor Beach asked if under the ordinance, a vacant ADU could become a short-term rental for a maximum of 120 days. Mr. Aknin replied in the negative. He explained that under the City's proposed ordinance, ADUs can't be used for short-term rental. City Attorney Kane stated that the City's ADU ordinance prohibits use of ADUs as short-term rentals. She explained that the Council could re-evaluate that decision at a future meeting. Mr. Aknin stated that he believed there was new State legislation that would prevent newly built ADUs from being used as short-term rentals. Mayor Beach concurred with Mr. Aknin. Councilmember Colson reviewed the hypothetical situation of a teacher entering into a long-term rental agreement who goes on an eight -week summer vacation and wants to rent the unit out to her sister. She asked if the teacher's lease agreement allowed it, would this be allowed under the proposed ordinance. Mr. Aknin replied in the affirmative and stated that as long as the sublease was for more than 30 days. He noted that if the sublease was for under 30 days, it would not be allowed. Mayor Beach stated that she concurred with Councilmember Colson and believed that staff s approach was balanced. She explained that she believed the ordinance allowed flexibility, and she liked that staff and the consultants surveyed what other cities had done. Additionally, she agreed with keeping ADUs for long-term housing. She noted that she was also in agreement with the registration fees and the 24/7 on -call requirement. Councilmember Brownrigg stated that he agreed with Councilmember Ortiz that the Council should reconsider allowing ADUs to be used for short-term rentals. He explained that he believed there were probably already homeowners utilizing their ADUs as short-term rentals. He asked if this practice would be illegal upon adoption of the ordinance, or would this prior use be allowed. City Attorney Kane stated that staff would review that situation. She discussed potential solutions such as grace/transition periods. 11 Burlingame City Council November 2, 2020 Approved Minutes CDD Gardiner noted that the proposed ordinance gives a one-year amnesty period for short-term rentals operating on or before the enactment of the ordinance. He noted that this grace period gives those individuals a year to come into compliance. Councilmember Ortiz discussed amending the ADU ordinance to allow for 120 days of short-term rental. He explained that he didn't believe this would reduce the affordable housing stock but would give individuals flexibility. Mr. Aknin stated that there are some cities that allow ADUs to be used similarly to Councilmember Ortiz's option. He noted that enforcement would be tricky if State legislation doesn't allow newly built ADUs to be used this way. Councilmember Brownrigg stated that he thought the Council should bring back the proposed ordinance for adoption. He noted that the Council could make amendments later if needed. Council agreed. b. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 25.49 RRMU (NORTH ROLLINS ROAD MIXED USE) DISTRICT REGULATIONS AND CHAPTER 25.40 NBMU (NORTH BURLINGAME MIXED USE) DISTRICT REGULATIONS OF THE BURLINGAME MUNICIPAL CODE CDD Gardiner stated that the City's amended General Plan was adopted in January of 2019. At that time, interim ordinances were also adopted for two of the change areas in the General Plan: North Rollins Mixed Use District and the North Burlingame Mixed Use District. He explained that because these interim zoning ordinances were adopted utilizing urgency ordinance regulations, they can only be in place for 24 months. CDD Gardiner explained that the City is the midst of a complete update of the zoning code. He noted that beginning in January 2021, Council would be reviewing zoning code updates. However, he stated that because the 24 months is about to elapse on the interim zoning codes adopted in 2019, Council needs to adopt new zoning regulations for the North Rollins Mixed Use District and the North Burlingame Mixed Use District now. CDD Gardiner stated that the proposed zoning ordinance is largely a housekeeping action to replace the interim zoning. CDD Gardiner stated that the zoning regulations were reviewed by the Airport Land Use Commission ("ALUC") to ensure consistency with the Airport Land Use Compatibility Plan for SFO. CDD Gardiner explained that the changes proposed are to ensure compliance with the Airport Land Use Compatibility Plan regarding regulation of assembly uses (theaters, schools, daycare, etc.), hazardous materials, disclosures, and Federal Aviation Administration. He stated that on September 24, 2020, the ALUC reviewed the proposed zoning chapters and found them consistent with the applicable airport/land use policies and criteria contained in the plan. 12 Burlingame City Council November 2, 2020 Approved Minutes CDD Gardiner stated that staff expects further amendments to these chapters when the zoning code is fully reviewed. Mayor Beach asked if this was an opportunity for the City to start a dialogue with SFO about what is reasonable concerning restrictions and land use. CDD Gardiner stated that a lot of the restrictions in the airport safety zones come from the State level. He noted that he had asked how malleable the restrictions are and was told that most of the other plans in the State have identical restrictions. Councilmember Ortiz stated that the ALUC review strictly follows the State regulations. Councilmember Brownrigg stated he wondered if the North Rollins Road subcommittee was comfortable with this ordinance. Councilmember Colson stated that after reviewing the ordinance, her main takeaway concerned the housing ratios and the community benefits. She discussed how the City's up -zoning dramatically increased the value of properties in those areas, and therefore she wanted to ensure that the community benefits were weighted to match those increases. Vice Mayor O'Brien Keighran stated that she concurred with Councilmember Colson. She added that she had sat on the ALUC and agreed with Councilmember Ortiz's assertion that the review process is cut and dry. Mayor Beach asked the City Clerk to read the title of the ordinance. City Clerk Hassel -Shearer read the title. Councilmember Ortiz made a motion to waive further reading and introduce the ordinance; seconded by Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0. Mayor Beach opened the public hearing. No one spoke. Councilmember Brownrigg urged Council to move forward with this ordinance. 10 STAFF REPORTS a. ADOPTION OF A RESOLUTION CREATING THE CITY OF BURLINGAME HISTORIC REGISTER CDD Gardiner stated that the City Council adopted the Historic Resource Preservation Ordinance in 2014. He noted that the ordinance provides the rules, standards, and incentives regarding development of historic properties within the Burlingame Downtown Specific Plan area. He explained that to avail themselves of these incentives, an eligible property must first apply and be placed in the City of Burlingame Historic Register. CDD Gardiner stated that the resolution before the Council would officially create the Register, and would also clarify certain administrative procedures of the Historic Preservation Commission. He added that the 13 Burlingame City Council November 2, 2020 Approved Minutes Register would be maintained by the Planning Commission because it serves as the Historic Preservation Commission. CDD Gardiner stated that the developers of the former Post Office at 220 Park Road wish to avail themselves of the incentives in the Historic Resource Preservation Ordinance, and therefore the Register must be created. Mayor Beach opened the item up for public comment. No one spoke. Councilmember Colson thanked Sares Regis for their work on the Post Office project. Councilmember Brownrigg asked if he was correct that putting a project on the Register was optional and was not a requirement. CDD Gardiner replied in the affirmative. Vice Mayor O'Brien Keighran asked if the Historic Preservation Commission was the whole Planning Commission or a subcommittee of Planning Commission members. CDD Gardiner replied that it was the whole Planning Commission. Councilmember Colson made a motion to adopt Resolution Number 140-2020; seconded by Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS a. MAYOR BEACH'S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks and Recreation Commission, and Library Board of Trustees are available online at www.burlin ag me.org. 14. ADJOURNMENT Mayor Beach adjourned the meeting at 9:39 p.m. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 14 Burlingame City Council November 2, 2020 Approved Minutes