Millbrae council again ducks short-term rental regulations

Officials indicated they recognize the issues raised in the wake of an unruly house party hosted at an Airbnb property last month, but ultimately agreed they could not take action on a policy they found still unripe.

Following a couple hours spent deliberating on the shortcomings of a proposal designed to be the foundation for an ordinance which could be continually refined, Councilwoman Anne Oliva distilled her colleagues’ discontentment.

“I don’t think I’m prepared to pass this tonight because I think there are too many holes in this,” she said.

Interim City Manager Tom Williams acknowledged the sentiment, and pledged to take the direction back to the drawing board, where staffers will complete another ordinance draft before bringing it for further consideration to the Planning Commission.

“The faster we can get this back to you, the better. So that is what we will try to do,” said Williams.

The proposed policies aimed to broaden the city’s capacity to generate revenue by seeking business and rental permits as well as transient occupancy taxes from those listing their properties for rent online.

Parking restrictions, occupancy limitations, property maintenance requirements and prohibitions from hosting commercials events at rental properties which could result in additional nuisances were among the other policies weighed.

Councilmembers also examined requiring property owners to keep an agent locally who could respond to reports of an emergency at a Millbrae listing within an hour, and allow police into the premises if there is reasonable suspicion of criminal or unseemly behavior.

Such an authorization would have addressed concerns raised by residents frustrated that their repeated reports of a raucous party at Lombardi Lane last month yielded no intervention from police until gunshots were fired.

While no one was harmed, the incident fueled a frenzy among residents who called on officials to rein in an industry they considered a threat to their safety and quality of life.

Officials have discussed the matter extensively over a series of public discussions recently, as they attempt to strike the appropriate balance of addressing community frustrations while also recognizing the rights of responsible rental hosts.

But in light of concerns over tax collection methods, license permitting processes, enforcement protocol and other details which require further examination, officials will continue crafting the ordinance.

For his part, Community Development Director Tom Madalena acknowledged the proposal was incomplete and primarily intended to serve as the basis for a policy which could be enhanced later.

“We are trying to take our first step toward drafting a difficult ordinance … it may need more revision over time,” he said.

Mayor Gina Papan indicated she was comfortable with approving an initial set of policies with an eye on continuing to shape them as necessary.

“I think this is a good first step,” she said.

Ultimately though, her colleagues suggested they want to see more changes before taking action.

“I think it needs some tweaking,” said Vice Mayor Wayne Lee, synthesizing the majority’s perspective.

Under guidance provided by councilmembers, city staffers will craft the policies to reflect the feedback and then bring another ordinance to the Planning Commission next month.

In the meantime, Papan urged officials and law enforcement representatives to crack down on existing problematic short-term rental properties reported by residents during the public meetings.

Amidst the series of discussions on the matter, residents have repeatedly claimed there are disruptive and potentially illegal short-term rentals operating in their neighborhood.

Resident Brian Peagler is one of the residents who made such a complaint at a previous meeting, and returned at the most recent session to say he had received no follow-up from police or other city officials.

This upset Papan, who had called previously for quick action from code enforcement officers and the county Sheriff’s Office, which offers law enforcement in Millbrae. In light of the most recent reported inaction, Papan urged a swift response.

“It is just not acceptable. So something needs to be done. And we need to know at our next meeting this has been addressed,” she said.

For his part, Williams acknowledged the inefficient response.

“Code enforcement is an issue in this city, there is no question about it,” he said.

Madalena meanwhile pledged a commitment to ameliorating the concerns.

“We will make it a top priority,” he said.

austin@smdailyjournal.com

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