March 19, 2024 Half Moon Bay Council: Opposition to State Initiative, Measure D, Tenant Protections
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Half Moon Bay City Council Regular Meeting – March 19, 2024
The Half Moon Bay City Council held a regular hybrid meeting on March 19, 2024, at 7:00 PM. Key actions included approving a resolution opposing a statewide ballot initiative, discussing amendments to Measure D concerning accessory dwelling units (ADUs) and affordable housing, and holding a work session on proposed rent stabilization and tenant protection ordinances. Public comments were received on several items.
Consent Calendar
- Approved unanimously (5-0) the consent calendar, including waiving the reading of resolutions and ordinances, accepting warrants for January 2024, and confirming receipt of the 2023 Housing Element Annual Progress Report.
Public Comments & Testimony
- Crystalin Gid (Coastside Chamber of Commerce) announced the April 4 grand opening of the Opportunity Center at 5:30 PM, featuring tours and program updates. She also noted that the former building will become the new Sheriff’s Activity League building.
Discussion Items
3A: Resolution Opposing Initiative No. 21-0042A1 (Taxpayer Protection and Government Accountability Act)
- Seth Miller, League of California Cities Peninsula Division Public Affairs Manager, presented the initiative, which would require a two‑thirds vote for local tax measures and allow legal challenges to government fees. He noted that the initiative is funded by the Howard Jarvis Taxpayers Association and has raised $17 million, with major donors including Blackstone Capital. The League, SEIU, teachers’ unions, and the governor oppose it. Staff recommended adoption of a resolution to join the “Stop the Taxpayer Deception Act” coalition.
- No public comment was received.
- Outcome: The council unanimously (5-0) adopted the resolution opposing the initiative.
3B: Options for Amending Measure D
- Catherine and Jill Ekas presented four options to modify Measure D, the city’s growth control ordinance (1–1.5% annual population growth limit).
- Option 1: Fully exempt ADUs; amend downtown map to align with the certified Land Use Plan map. Requires voter approval.
- Option 2: Require ADUs to use half a Measure D certificate; fully exempt junior ADUs (JADUs). May not need voter approval.
- Option 3: Exempt ADUs, exempt lower‑income units, and amend the downtown map. Requires voter approval.
- Option 4: Same as Option 3 plus exempt mobile homes. Requires voter approval.
- Public comment:
- Rachel Bros (resident) shared her positive ADU experience and urged making ADUs easier for all citizens.
- Tim Pond (contractor) supported Option 2, noting ADUs often house family members and do not increase net population; he also called for exempting farmworker housing and low‑income housing.
- Sarah Bueno (resident) described converting her home to accommodate two families and encouraged allowing similar options.
- Jennifer Mazzon (property owner) stated she had applied for Measure D certificates for four years without success and had submitted an application under SB 330 (builders remedy) due to the city’s housing non‑compliance.
- Council discussion:
- Vice Mayor Rarback opposed any exemption, arguing that ADUs are market‑rate and exempting them would free up certificates for more single‑family homes.
- Councilmember Ruddock supported Option 2 and a combination of Options 3 and 4; she emphasized the need to avoid encouraging subdivision development.
- Councilmember Penrose supported Option 2 and Option 4, noting the importance of multi‑generational housing and exempting deed‑restricted affordable units.
- Mayor Jimenez supported Option 4 (full exemption for ADUs, low‑income units, and mobile homes).
- Staff clarified that under any option, only the ADU (not the primary home) would be exempt, and subdivisions would still require certificates for all units.
- Jill Ekas noted that outside downtown, 47 Measure D allocations were requested but only 21 are available; a combination of single‑family homes and ADUs make up the queue.
- Outcome: Council directed staff to pursue Option 2 (administrative half‑certificate for ADUs, full JADU exemption) and Option 4 (voter‑approved full exemption for ADUs, low‑income units, and mobile homes, plus a downtown map amendment). Staff will return with detailed plans and begin agency coordination.
3C: Work Session on Tenant Protections
- John Dowdy and Mike Noche presented draft ordinances for rent stabilization (Chapter 6.06) and tenant protections (Chapter 6.08), along with related definitions (Chapter 6.02). The rent stabilization ordinance would limit annual rent increases on most units built before 1995 (duplexes, triplexes, fourplexes, and apartments), estimated to affect about 350–400 units. The tenant protections ordinance would apply to all rental units, including single‑family homes and ADUs.
- Public comment:
- Bill Hevlin (Unitarian Universalist Coastside) recommended linking rent increases to increases in the city minimum wage.
- Lisa Warner (pastor, Community United Methodist Church) asked about the limited scope of rent stabilization and expressed concern that subtenancy provisions could lead to evictions.
- Joanne Rukoski requested that all ordinance materials be available in Spanish.
- Council discussion and policy directions:
- Rent adjustment formula: Consensus on using the lesser of 60% of CPI or 3% annually.
- Subtenancy: Cumulative rent charged to subtenants in a stabilized unit may not exceed the unit’s total rent; this applies only to stabilized units and does not affect owner‑occupied homes.
- Capital improvement petitions: To be folded into a general petition process rather than a standalone provision; staff will develop guidelines for what qualifies as an unanticipated major capital cost.
- Hearing officer and appeals: A hearing officer will review petitions; the city council will serve as the appellate body.
- Voluntary mediation: Included, with costs built into program fees.
- Scope of tenant protections: Apply to all rental units; all tenants are entitled to a one‑year lease and renewal.
- Relocation assistance: Increased to three months’ rent for no‑fault evictions.
- Councilmember Ruddock stated she would not support the rent stabilization ordinance but would support the tenant protections ordinance; other members supported both.
- Outcome: Staff received sufficient direction to finalize the ordinances and return for first reading in approximately 45 days. A Spanish‑language community workshop is scheduled for April 11, 2024. The rental registration portal will open June 1, 2024.
Key Outcomes
- Resolution 2024‑XXX opposing Initiative No. 21‑0042A1 adopted unanimously (5‑0).
- Measure D amendments: Staff directed to advance Option 2 (half‑certificate for ADUs, full JADU exemption) administratively and Option 4 (voter‑approved full exemption for ADUs, low‑income units, and mobile homes, plus map amendment) for a future ballot measure.
- Tenant protections: Consensus reached on core policy elements; draft ordinances to be prepared for introduction. Rent stabilization and tenant protections will proceed as separate ordinances.
Meeting Transcript
Councilmember Brownstone. Here. Councilmember Penrose. Here. Councilmember Reddick. Here. Vice Mayor Raback? Here. Mayor Jimenez. Here. We have a quorum. May we stand for the for the pledge, please. Thank you. May I have a motion to approve the agenda. So moved. Second. All in favor. Aye. Aye. Do we have any uh proclamations or presentations? No proclamations or presentations this evening. Thank you. Mayor announcements, that's me. Thank you. Last uh Sunday, there was a uh a farm worker conference in Pescadero. It was a great turnout. Uh the astronaut Jose Hernandez was present. Uh Sarah Espinosa was uh also present. Uh great turnout. Uh believe it was organized by uh COSA Hope and uh Puente de la Costa Sur in uh a group of uh farm workers uh from Pescadero. Uh there was a lot of tabling, there was a lot of resources present, um a lot of information for the community. Um hope to see that happening every year. I think it's a good way uh to bring out resources for community, especially for farm workers. There was uh the two panels uh of farm workers, uh panel of uh women farm workers and a panel of uh men farm workers. Uh they did uh an excellent job uh talking about their experience, uh being farm workers and uh the experience about working at the in our local farms, and I want to make sure that we thank uh our farm workers for their labor. Thank you. Also, I have a if you came in at uh entrance table, there's a flyer. There's gonna be an opening uh April 4th. Uh the OCC, the opportunity center is gonna have the ribbon cutting event. Um it's a 5 30. Everybody's welcome. There's uh four uh different organizations are gonna be in the building. If you have an opportunity to uh join us, uh please do. It's uh it's gonna it's a great opportunity for community. And that's it on my side. Any uh reports from our recent closed sessions? Uh thank you, Mayor Council. Um no recent closed session, so nothing to report out. Thank you. Uh City Manager updates.
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