Agenda packet — Half Moon Bay City Council, May 7, 2024

CITY COUNCIL AGENDA

REGULAR MEETING

CITY OF HALF MOON BAY
TUESDAY, MAY 7, 2024

HYBRID MEETING (SEE NEXT PAGE)

ADCOCK COMMUNITY CENTER
535 KELLY AVENUE
HALF MOON BAY, CA 94019
Joaquin Jimenez, Mayor
Harvey Rarback, Vice Mayor
Robert Brownstone, Councilmember
Deborah Penrose, Councilmember
Debbie Ruddock, Councilmember
7:00 PM
This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the agenda and will have a maximum of three minutes to discuss their item.

Comments on City Manager Updates and Consent Calendar items should be made during the Public Forum section of the agenda. Those wishing to speak on a Business or Public Hearing matter will be called forward at the appropriate time during that item’s consideration.

Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk.

Copies of written documentation relating to each item of business on the agenda are on file in the Office of the City Clerk at City Hall where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726-8271.

In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). http://hmbcity.com/
Wi-Fi: HMB Public
Password: Recreation1
1 HYBRID MEETING PARTICIPATION PROTOCOLS
This meeting will be held in-person and via Zoom for public participation. Remote participation is provided as a supplemental way to provide public comment, but this method does not always work. The public is encouraged to attend in person to ensure full participation. Public comments may be made in-person or remotely via Zoom, and interpretation will be available. All Councilmembers and staff will participate in person. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. The meeting will also be streamed on Channel 27, on pacificcoast.tv, and on Facebook at www.facebook.com/cityofhalfmoonbay. Please click to join the webinar: https://us06web.zoom.us/j/87674804231 or join by phone at 669-900-9128, using Webinar ID 876-7480-4231. If joining by phone, use *9 to raise your hand, *6 to mute and unmute.

ROLL CALL / PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

PROCLAMATIONS AND PRESENTATIONS

MENTAL HEALTH AWARENESS MONTH PROCLAMATION

MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE

REPORT OUT FROM RECENT CLOSED SESSION MEETINGS

CITY MANAGER UPDATES TO COUNCIL

SUSTAINABILITY UPDATES

TRANSPORTATION GRANTS UPDATE

HEALTH SERVICES UPDATE

PUBLIC SERVICE WEEK RECOGNITION

PUBLIC FORUM

1. CONSENT CALENDAR

1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES

1.B TENANT PROTECTIONS ORDINANCE - SECOND READING
Staff Recommendation: Waive second reading and adopt an ordinance creating a new Chapter 6.08 titled “Tenant Protections."

STAFF REPORT

ORDINANCE
2 1.C HOUSING DEFINITIONS ORDINANCE - SECOND READING
Staff Recommendation: Waive second reading and adopt an ordinance amending Chapter

6.02 titled “Housing Definitions” to incorporate defined terms from proposed New Chapter

6.06 (Residential Rent Stabilization) and Chapter 6.08 (Tenant Protections).

STAFF REPORT
ATTACHMENT 1

ORDINANCE

1.D RESIDENTIAL RENT STABILIZATION ORDINANCE - SECOND READING Staff Recommendation: Waive second reading and adopt an ordinance creating a new Chapter 6.06 titled “Residential Rent Stabilization.”

STAFF REPORT

ORDINANCE

1.E RECEIPT OF LEGISLATIVE POSITION LETTERS
Staff Recommendation: Receive and file position letters for Senate Bill 1077 and Senate Bill 1092.

STAFF REPORT

ATTACHMENT

1.F DENY CLAIM OF MERRY KATHY RAILSBACK
Staff Recommendation: Deny the attached liability claim presented to the City of Half Moon Bay, as recommended by the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA) and Sedgwick representatives.

STAFF REPORT

ATTACHMENT
3 1.G PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) FOR LICENSING OF SMALL LOCAL GOVERNMENT CLOUD-BASED

GIS SOFTWARE
Staff Recommendation: Adopt a resolution waiving the requirement for solicitation of bids pursuant to Chapter 3.98 of the Municipal Code (Purchasing of Supplies, Equipment and Services) and authorizing the City Manager to execute a professional services agreement with Environmental Systems Research Institute, inc., in an amount not to exceed $48,000 for a term of three years for the purchase of a small local government cloud-based enterprise agreement annual subscription GIS license.

STAFF REPORT
ATTACHMENT 1
ATTACHMENT 2

2. ORDINANCES AND PUBLIC HEARINGS

3. RESOLUTIONS AND STAFF REPORTS

3.A MUNICIPAL ENERGY IMPROVEMENTS - ENERGY SERVICE CONTRACT WITH

WILLDAN ENERGY SOLUTIONS
Staff Recommendation: As required by California Government Code section 4217.12, adopt a resolution authorizing the City Manager to enter into an Energy Service Contract with Willdan Energy Solutions, for comprehensive solar photovoltaic (PV) system purchase and municipal energy related improvements, to increase the energy efficiency of all municipal facilities and operations, with a total expenditure amount not to exceed $1,485,000, which includes a 10% contingency.

STAFF REPORT
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3

3.B 2024 SUMMER BEACH UPDATE
Staff Recommendation: Receive the 2024 Summer Beach Update on City and Sheriff’s Office efforts for the notification, management, and enforcement for beaches and access points within the City limits and provide feedback to staff.

STAFF REPORT
4 3.C COMMUNITY SERVICES FINANCIAL ASSISTANCE PROGRAM
Staff Recommendation: Receive a subcommittee update on the Community Services Financial Assistance (CSFA) grant program and provide guidance to staff on grant amounts and parameters for Fiscal Year 2024-25 with the option to extend contracts a second year (through FY 2025-26), contingent on available funding.

STAFF REPORT

ATTACHMENT

3.D APPOINTMENTS TO CITY COMMISSIONS
Staff Recommendation: Mayor Jimenez to make a nomination to the Parks and Recreation Commission to fill a vacant seat.

STAFF REPORT

ATTACHMENT

FOR FUTURE DISCUSSION / POSSIBLE AGENDA ITEMS

COMMISSION / COMMITTEE UPDATES

CITY COUNCIL REPORTS

ADJOURNMENT
5

Page 1 of 1 ends

BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY

AGENDA REPORT
For meeting of: May 7, 2024
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: Jessica Blair, Communications Director / City Clerk TITLE: TENANT PROTECTIONS ORDINANCE – SECOND READING
______________________________________________________________________________ RECOMMENDATION:

Waive second reading and adopt an ordinance creating a new Chapter 6.08 titled “Tenant Protections.”
FISCAL IMPACT:

There is no fiscal impact associated with this action.

STRATEGIC ELEMENTS:

This action supports all Strategic Plan Elements including Infrastructure and Environment, Healthy Communities and Public Safety, Fiscal Sustainability, and Inclusive Governance.

DISCUSSION:

On April 16, 2024, the City Council introduced the ordinance following the conduct of a dulynoticed public hearing. As required by law, the ordinance appears for second reading and adoption at a regular meeting more than five days past introduction.

ATTACHMENT:

Ordinance including Exhibit A to Ordinance (New Chapter 6.08— “Tenant Protections”) 6 ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY ADDING A NEW CHAPTER 6.08 “TENANT PROTECTIONS” TO TITLE 6 OF THE

HALF MOON BAY MUNICIPAL CODE
WHEREAS, more than one-third of Half Moon Bay households rent their homes; and
WHEREAS, a large percentage of households in Half Moon Bay are considered very low income, which is defined as earning between 30% and 50% of the county’s area median income; and
WHEREAS, an additional large percentage of rental households are considered low income, which is defined as earning between 51% and 80% of the county’s area median income; and
WHEREAS, more than 30-percent of residents in Half Moon Bay identify as Hispanic or Latino, and a significant portion of those residents are renters; and WHEREAS,the City Council conducted a study session on November 7, 2023, to consider currently available information on rent control and tenant; and WHEREAS, following the November 7 meeting, the City Council directed staff to prepare ordinances to implement rental registration, rent control, expanded tenant protections, and relocation assistance for certain code-related compliance efforts.

WHEREAS, the City Council conducted a work session on March 19 to discuss draft Chapter 6.06 “Residential Rent Stabilization” and Chapter 6.08 “Tenant Protections”; and WHEREAS, following the March 19 meeting, the City Council directed staff to return with Chapter 6.06 “Residential Rent Stabilization” and Chapter 6.08 “Tenant Protections”; Chapter for formal consideration and possible introduction; and WHEREAS, the City Council initially considered relying on the State of California’s Tenant Protection Act of 2019; and
WHEREAS, the City Council determined that the State of California Tenant Protection Act of 2019 was overly dependent on renters knowing their rights and privately pursuing legalremediation when those rights are violated; and WHEREAS, due to a chronic shortage of rental units, rents in the City are increasing excessively; and
7 WHEREAS, many renters in the City are spending far in excess of one-third of their monthly income on housing and utilities; and
WHEREAS, renters are being forced to move out of their homes because they cannot afford the rent; and
WHEREAS, many renters are living in increasingly overcrowded conditions in order to make monthly rent; and
WHEREAS, the low vacancy rate makes it increasingly more difficult to find housing when rents are increased at a rate exceeding income growth; and WHEREAS, there are no provisions in place to protect tenants in certain homeshare circumstances from unfair and unpredictable rent increases: and WHEREAS, the City is preparing to adopt rent stabilization provisions which will provide Landlords a fair return on investment while providing Tenants greater predictability in annual rent adjustments.

WHEREAS, in accordance with Civil Code section 1946.2(g)(1)(B), the City Council of Half Moon Bay finds that this ordinance is more protective than the provisions of Civil Code section 1946.2 for the following reasons:
(1) The just cause for termination of a residential tenancy under this Chapter is consistent with Civil Code section 1946.2; and
(2) This Chapter, further limits the reasons for termination of a residential tenancy, provides for relocation assistance, and provides additional tenant protections that are not prohibited by any other provision of law.

WHEREAS, the City seeks to adopt more protective measure than Civil Code Section 1946.2 to protect all renters from the misuse or abuse of just cause eviction provisions, retaliatory evictions and harassment that can come from the adoption of enhanced tenant protections and rent stabilization.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.

SECTION 2. New Chapter 6.08 of the Half Moon Bay Municipal Code. Adding a new Chapter

6.08, “Tenant Protections” contained in Exhibit A to the Ordinance is adopted in its entirety 8 pursuant to the City's police power authority to protect the public health, safety, and welfare and the provisions of the Costa-Hawkins.

SECTION 3. Compliance with the California Environmental Quality Act. Approval of this ordinance is exempt from environmental review under the general rule in California Environmental Quality Act ("CEQA") Guidelines Section 15061(b)(3). The activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 5. Publication. The City Clerk of the City of Half Moon Bay is hereby directed to publish this ordinance in accordance with Government Code section 36933.

SECTION 6. Effective Date. Except as otherwise provided, this Ordinance shall take effect and be enforced thirty (30) calendar days after the date of its adoption.

INTRODUCED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 16th day of April 2024.

ADOPTED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 7th day of May 2024, by the following vote:

Ayes, Councilmembers:

Noes, Councilmembers:

Absent, Councilmembers:

Abstain, Councilmembers:

Attest:
___________________________ _______________________
Jessica Blair, City Clerk Joaquin Jimenez, Mayor
9 ATTACHMENT C
TITLE 6 – HOUSING
CHAPTER 6.08 – Tenant Protections
Section 6.08.010 – Findings and Purpose
A. Findings.

The City Council finds and declares as follows:

1. The City has a substantial government interest in regulating the relationship between Landlords and Tenantsin orderto increase certainty,stability, and fairness within the rental market.

2. The just cause for termination of a residential tenancy under this Chapter is consistent with Civil Code section 1946.2; and

3. This Chapter, and Chapter 6.06 “Residential Rental Stabilization” (which is being adopted concurrently), are more protective than Civil Code section 1946.2, by further limiting the reasonsfor termination of a residential tenancy, providing for relocation assistance, and providing additional tenant protections that are not prohibited by any other provision of law.

4. The Ordinance codified in this Title is being adopted pursuant to the City's police power authority to protect the public health, safety, and welfare.

B. Purpose.

The purpose of this Chapter is to is to promote neighborhood and community stability, healthy housing, and affordability for renters in Half Moon Bay by regulating arbitrary evictions to the greatest extent allowable under California law, while ensuring Landlords a fair and reasonable return on their investment.

Section 6.08.020 -- Just Cause Evictions
Restrictions on termination of tenancy without just cause.

A. After a Tenant has continuously and lawfully occupied a Residential Rental Unit for thirty (30) days, the Landlord shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy.

1. The Landlord shall post a notice on a form prescribed by the City, providing information about the existence of this Chapter of the Half Moon Bay 10 Municipal Code, including protections related to immigration or citizenship status of Tenant found under Civil Code section 1940.35 and Code of Civil Procedure section 1161.4, as may be amended. Notice must be posted in a conspicuous location on the Residential Real Property. The notice shall be written in the Designated Primary Language and English, if the Designated Primary Language is not English.

2. In addition to all other notice requirements specified elsewhere in this Chapter, the Landlord of any Residential Rental Unit, is required to provide written notice to Tenants of their rights under this Chapter as follows:
(a) The notice required by this Chapter must be on a form prescribed by the City and include the following information:
(i) The existence and scope of this Chapter of the Half Moon Bay Municipal Code; and
(ii) The right to relocation assistance in limited
circumstances pursuant to subsection (D)(2) herein.
(b) The Landlord must provide Tenant with the notice upon serving any notice of change in terms of Tenancy.
(c) The Landlord must provide the notice on or before the commencement of all Tenancies initiated after the effective date of this Chapter.

B. For purposes of this section, "just cause" includes either of the following:

1. At-fault just cause, which is any of the following:
(a) Default in the payment of Rent.
(b) A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. A "breach of a material term" shall not include:
(i) The obligation to limit occupancy, provided that the additional occupant who joins the Tenant of the Residential Rental Unit thereby exceeding the limits on occupancy set forth in the lease is:
(A) A dependent under age eighteen (18); or
11 (B) A replacement Tenant who moved in after an
approved Tenant vacated the Residential Real
Property, so long as the addition does not exceed the
Uniform Housing Code.
1) The Landlord shall have the right to
approve or deny the prospective additional or
replacement Tenant, who is not a minor
dependent child, provided that the Landlord
does not unreasonably withhold approval. If
the Landlord fails to respond to the Tenant in
writing with a description of the reason for
the denial of the request within a reasonable
amount of time of receipt of the Tenant's
written request, the Tenant's request shall be
deemed approved by the Landlord if the lease
is for a period of one (1) year or less.
2) A change in the terms of the Tenancy that is
not the result of an express written
agreement signed by both of the parties. A
Landlord is not required to obtain Tenant(s)
written consent to a change in the terms of
the Tenancy if the change in the terms of the
Tenancy is authorized by this section, or if the
Landlord is required to change the terms of
the Tenancy pursuant to federal, state, or
local law. Nothing in this subsection shall
exempt a Landlord from providing legally
required notice of a change in the terms of
the Tenancy.
(c) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(d) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(e) The Tenant had a written lease that terminated on or after the effective date of this Chapter, and after a written request or demand from the Landlord, the Tenant has refused to execute a written extension or renewal of the lease for an additional term of 12 similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. (f) Criminal activity by the Tenant on the Residential Real Property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the Residential Rental Real Property, that is directed at any Landlord or agent of the Landlord of the Residential Real Property or members of Tenant's household or other Tenants of the Residential Real Property. This at-fault, just cause provision shall apply if the Landlord has, within a reasonable time, reported the criminal activity to law enforcement. Further, at-fault, justcause eviction of a Tenant under this provision shall only apply to that Tenant who committed the criminal activity described herein. If a Tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the Tenant within the applicable statute of limitations period, the Tenant shall be offered the right to restore the Tenancy only if the same Residential Real Property is available.
(g) Assigning or subletting the premises in violation of the Tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(i) Notwithstanding any contrary provision in this section, a Landlord shall not take any action to terminate a Tenancy based on a Tenant's sublease of the Residential Rental Unit if all the following requirements are met:
(A) The Tenant requests permission from the Landlord
in writing to sublease the Residential Rental Unit;
(B) The Tenant continues to reside in the Residential
Rental Unit as their primary residence;
(C) The sublease replaces one (1) or more departed
Tenants under the lease on a one-for-one basis; and
(D) The Landlord fails to respond to the Tenant in writing within fourteen (14) days of the receipt of the
Tenant's written request. If the Landlord fails to
respond to the Tenant's written request, the request
shall be deemed approved by the Landlord if the
lease is for a period of one (1) year or less. A
Landlord's reasonable refusal of the Tenant's written
13 request may be based on, but is not limited to, the
ground that the total number of occupants in a
Residential Real Property exceeds the maximum
number of occupants as determined under Section
503(b) of the Uniform Housing Code or successor
provision.
(E) The Tenant's refusal to allow the Landlord to enter the Residential Rental Unit as authorized by Sections
1101.5 and 1954 of the Civil Code, and Sections
13113.7 and 17926.1 of the Health and Safety Code.
(F) Using the premises for an unlawful purpose as
described in paragraph (4) of Section 1161 of the
Code of Civil Procedure.
(G) The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a
licensee as described in paragraph (1) of Section 1161
of the Code of Civil Procedure.
(H) When the Tenant fails to deliver possession of the
Residential Real Property after providing the Landlord
written notice as provided in Section 1946 of the Civil Code of the Tenant's intention to terminate the hiring
of the real property, or makes a written offer to
surrender that is accepted in writing by the Landlord
but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of
Section 1161 of the Code of Civil Procedure.

2. No-fault just cause, which includes any of the following:
(a) Intent to occupy the Residential Rental Unit by the Landlord or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
(i) For leases entered into on or after the effective date of this Chapter, this subsection shall apply only if the Tenant agrees, in writing, to the termination, or if a provision of the lease allows the Landlord to terminate the lease if the Landlord, or their spouse, domestic partner, children,
grandchildren, parents, or grandparents unilaterally decides to occupy the Residential Rental Unit for a period of at least twenty- four (24) months, as affirmed by the Landlord in a 14 written affidavit submitted to the City. Addition of a provision allowing the Landlord to terminate the lease as described in this clause to a new or renewed Rental
Agreement or fixed- term lease constitutes a similar
provision for the purposes of subparagraph (E) of paragraph (1).
(b) Withdrawal of the Residential Rental Unit from the rental market for an anticipated period of at least twenty-four (24) months, as affirmed by the Landlord in a written affidavit submitted to the City. (c) The Landlord complying with any of the following:
(i) An order issued by a government agency or court relating to habitability that necessitates vacating the Residential Real Property.
(ii) An order issued by a government agency or court to vacate the Residential Real Property.
(iii) A local ordinance that necessitates vacating the Residential Real Property.
(A) If it is determined by any government agency or
court that the Tenant is at fault for the condition
or conditions triggering the order or need to vacate
under clause (i), the Tenant shall not be entitled to
relocation assistance as outlined in paragraph (3) of
subdivision (D).
(d) Intent to demolish or to substantially remodel the Residential Real Property.
(i) The Landlord shall provide advance notice to the Tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the Tenant, the right of first refusal to any comparable vacant Rental Unit which has
been offered at comparable Rent owned by the Landlord;
and
(ii) In the event the Landlord seeks to rent the remodeled unit within six (6) months following the completion of the
remodeling work, the evicted Tenant shall have the right of first refusal to reoccupy and rent the unit, unless the 15 Landlord provides a written waiver by the Tenant of their right to reoccupy the premises pursuant to this subsection. (iii) For purposes of this subparagraph, "substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the
abatement of hazardous materials, including lead-based
paint, mold, or asbestos, in accordance with applicable federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the Tenant in place
and that requires the Tenant to vacate the Residential Real Property for at least thirty (30) days. Cosmetic
improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Residential Real Property vacated, do not qualify as a substantial remodel.

C. Before a Landlord issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Landlord shall first give notice of the violation to the Tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy.

1. Any written notice to cease or correct must:
(a) Be dated and served upon the Tenant, pursuant to at least one (1) of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended;
(b) Inform the Tenant that failure to cure may result in the initiation of eviction proceedings;
(c) Inform the Tenant of the right to request a reasonable accommodation;
(d) Inform the Tenant of the contact number and email address of the Administrator; and
(e) Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the Tenant determine the date(s), place(s), witness(es), and circumstance(s) that support the reason(s) for the eviction.
16 D.

1. For a Tenancy for which just cause is required to terminate the Tenancy under subdivision (A), if a Landlord of a Residential Rental Unit issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (B), the Landlord shall, at their option, do one (1) of the following:
(a) Assist the Tenant to relocate by providing a direct payment to the Tenant in the amount equal to three (3) months rent as described below; or
(b) Waive in writing the payment of Rent for the final three (3) months of the Tenancy.

2. If a Landlord issues a notice to terminate a Tenancy for no-fault just cause, the Landlord shall notify the Tenant of their right to relocation assistance or Rent waiver and all other rights pursuant to this section. If the Landlord elects to waive the Rent for the final three (3) month of the Tenancy as provided in subparagraph (b) of paragraph (1), the notice shall state the amount of Rent waived and that no Rent is due for the final three (3) months of the Tenancy.

3. (a) The amount of relocation assistance shall be equal to three (3) months of the Tenant's Rent that was in effect when the Landlord issued the notice to terminate the Tenancy. Any relocation assistance shall be provided within fifteen (15) calendar days of service of the notice.
(b) If a Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or Rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession. (c) The relocation assistance or Rent waiver required by this section shall be credited against any other relocation assistance required by any other law.

4. A Landlord’s failure to strictly comply with this section shall render the notice of termination void.

E. This section shall not apply to the following types of residential real properties or residential circumstances:
17 1. Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Civil Code.

2. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the California Code of Regulations.

3. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.

4. Housing accommodations in which the Tenant shares bathroom and kitchen facilities with the owner who also maintains the home as their Primary Residence.

F. A Landlord of a Residential Rental Unit subject to this section shall provide notice to the Tenant as follows:

1. For any Tenancy commenced or renewed on or after the effective date of this Chapter, as an addendum to the lease or Rental Agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant.

2. For a Tenancy existing prior to the effective date of this Ordinance, by written notice to the Tenant no later than thirty (30) days after the effective date of this Chapter, or as an addendum to the lease or Rental Agreement.

3. The notification or lease provision shall be in no less than 12-point type, and shall include the following: "The Half Moon Bay Municipal Code provides that after all of the Tenants have continuously and lawfully occupied the property for at least thirty (30) days, a Landlord must provide a statement of cause in any notice to terminate a Tenancy. See Chapter 6.08 of the Half Moon Bay Municipal Code for more information."
G. It shall be a defense to an action for possession of a Residential Rental Unit under this section if a trier of fact determines that:

1. Both of the following provisions apply:
(a) The Tenant or Tenant's household member is a victim of an act or acts that constitute domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking if the domestic violence, elder or dependent adult abuse, sexual assault, human 18 trafficking, or stalking has been documented by one (1) of the following:
(i) A temporary restraining order, emergency protective order, or protective order issued within the last one hundred eighty (180) days pursuant to law that protects the Tenant or a household member from domestic violence, elder or
dependent adult abuse, sexual assault, human trafficking, or stalking; or
(ii) The Tenant or a member of their household has filed a police report within the previous one hundred eighty (180) days alleging that they are a victim of domestic violence, elder or dependent adult abuse, sexual assault, human
trafficking, or stalking.
(b) The notice to vacate is substantially based upon the act or acts constituting domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking against the Tenant or their household member, including, but not limited to, an action for possession based on complaints of noise, disturbances, or repeated presence of police.

2. Notwithstanding this Section, a Landlord may terminate the Tenancy if:
(a) The Tenant or the person protected by a court order or who filed a police report allows the person against whom the protective order has been issued or who was named in the police report as committing an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking, to visit the rental property; or
(b) The Landlord reasonably believes the presence of the person against whom the protective order has been issued or who was named in the police report as having committed an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking poses a physical threat to other Tenants, guests, invitees, or to a Tenant's right to quiet enjoyment and the Landlord previously gave the Tenant a three (3) day written notice to cease and correct this violation.

3. The provisions of this Chapter shall not supersede any other applicable state laws relating to victims of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of 19 other specified crimes, as provided for in Civil Code section 1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27.

H. It shall be a defense to a no fault just cause action for possession of a Residential Rental Unit under this Chapter if a person under the age of twenty-one (21) is a resident of the subject Rental Unit, or has a custodial or family relationship with a Tenant in the subject Rental Unit, and who is registered and actively attending any level of school during a specified school term.

I. Any waiver of the rights under this section shall be void as contrary to public policy.

Section 6.08.030– Notice of Termination of Tenancy.

A. When terminating a Tenancy either at-fault or no-fault, a Landlord must comply with each of the following:

1. The Landlord must serve a written notice in accordance with Civil Code sections 1946 through 1946.5, to the Tenant that states that, in addition to any information required by federal or State law, the Landlord will terminate the Tenancy, and that indicates at least one at-fault or no-fault just cause reason as provided in section 6.08.02 (b); and

2. The Landlord has not accepted and will not accept Rent or any other consideration in return for the continued use of the Residential Rental Property beyond the term of the terminated Tenancy in compliance with Civil Code sections 1945 through 1946.5; and

3. The Landlord qualifies the termination as at-fault or no-fault just cause, as specified in section 6.08.02(b); and

4. The Landlord has submitted to the City, within five (5) days after service of the notice of termination on the Tenant, a true and accurate copy of the Landlord’s written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant, through the City’s Rental Registry portal. The Landlord shall maintain proof of service to the City as evidence that the Landlord has complied with this section.

5. The Landlord must provide the notice in the language that the Landlord and Tenant used to negotiate the terms of the Tenancy, in addition to English.

Section 6.08.040 – Retaliatory Eviction and Anti-Harassment.

A. Retaliatory Eviction.
20 1. If the main intent of the Landlord in terminating a Tenancy or refusing to renew a Tenancy is retaliatory in nature, and if the Tenant is not in default as to the payment of Rent, then the Landlord may not terminate the Tenancy or refuse to renew the Tenancy or cause the Tenant to quit involuntarily.

2. A Tenant may assert retaliation affirmatively or as a defense to the Landlord’s action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Chapter and the alleged act of retaliation.

3. Retaliation against a Tenant because of the Tenant's exercise of rights under this Chapter is prohibited. Retaliation seeking to vacate a Stabilized Unit to establish a new Stabilized Rent is also prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Chapter in evaluating a claim of retaliation.

B. Anti-Harassment. No Landlord, or any person, acting as a principal or agent, offering a Residential Rental Unit for rent, or any contractor, subcontractor or employee of the Landlord shall, with respect to a Residential Rental Unit under any Lease or other Tenancy or estate at will, however created, do any of the following:

1. Interrupt, terminate, or fail to provide Housing Services required by Lease or by federal, state, county, or local housing, health, or safety laws, or threaten to do so, or violate or threaten to violate Civil Code section 789.3. (a) ‘Interrupt, terminate, or fail to provide Housing Services’ in this provision does not include interruptions, terminations, or failure to provide Housing Services resulting from interruptions, outages, or terminations caused by events or actions outside of the Landlord’s control, such as utility outages caused by natural disaster. Further, this provision does not include stoppages, outages, terminations, and interruptions properly noticed to Tenants as required by a signed Lease or rental agreement.

2. Take any of the following actions in bad faith:
(a) Fail to perform repairs and maintenance required by Lease or by federal, state, or local laws;
(b) Fail to exercise due diligence in completing repairs and maintenance once commenced;
21 (c) Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
(d) Conduct elective renovation or construction of unit for the purpose of harassing a Tenant;
(e) Refuse to acknowledge or accept receipt of a Tenant's lawful Rent payment as set forth in a Rental Agreement, by usual practice of the parties, or in a notice to pay Rent or quit;
(f) Refuse to cash or process a check or other form of acceptable payment for over thirty (30) days after it is tendered; (g) Fail to maintain a current address for delivery of payments; (h) Violate a Tenant's right to privacy without limitation, by requesting information regarding residence or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of obtaining information for the qualifications for a Tenancy; (i) Release information protected by the Tenant's right to privacy except as required or authorized by law; or
(j) Request or demand an unreasonable amount of information from Tenant in response to a request for reasonable accommodation.

3. Abuse the right of access into Residential Real Property as established by Civil Code section 1954 or other applicable law. This includes entries for inspections that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; entries or demands for entry at times outside of normal business hours, unless for health and safety reasons or if the Tenant agrees otherwise; entries contrary to a Tenant's reasonable request to change the date or time of entry; photographing or otherwise recording portions of a Rental Unit that are beyond the scope of lawful entry or inspection; and misrepresenting the reasons for accessing Residential Real Property.

4. Influence or attempt to influence a Tenant to vacate Residential Real Property through fraud, misrepresentation, intimidation or coercion, which 22 shall include threatening to report a Tenant to the United State Department of Homeland Security.

5. Threaten the Tenant, by word or gesture, with physical harm, or abuse Tenant with words, either orally or in writing, which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in-person conversations, through social media postings or messages, or other communications.

6. Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income.

7. Take action to terminate any Tenancy, including service of any notice to quit or other eviction notice, or bring any action to recover possession of a Rental Unit based upon facts which the Landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Landlord. No Landlord shall be liable under this subsection for bringing an action to recover possession unless and until the Tenant has obtained a favorable termination of that action.

8. Remove from the Rental Unit personal property, furnishings, or any other items without the prior written consent of the Tenant, except when done pursuant to enforcement of a legal termination of Tenancy.

9. Provide false written or verbal information regarding any federal, State, County, or local Tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, requesting or demanding a Tenant:
(a) Sign a new Rental Agreement not in the Tenant's Designated Primary Language if:
(i) Rental Agreement negotiations were conducted in the Tenant's Designated Primary Language;
(ii) The existing Rental Agreement is in the Tenant's
Designated Primary Language; or
(iii) Landlord is otherwise aware that the new Rental Agreement is not in Tenant's Designated Primary Language.
23 (b) Enter into a Rent repayment plan if the Landlord states, misrepresents, suggests, or implies, that the Tenant should or must do so to take advantage of Tenant protection laws that do not in fact require such plans.

10. Offer payments to:
(a) A Tenant to vacate more than once in six (6) months, after the Tenant has notified the Landlord in writing that the Tenant does not desire to receive further offers of payments to vacate; (b) Attempt to coerce Tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.

11. Communicate with Tenant in a language other than Tenant's Designated Primary Language for the purpose of intimidating, confusing, deceiving, or annoying Tenant.

12. Interfere with a Tenant's right to quiet use and enjoyment of a Rental Unit as that right is defined by law.

13. Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such Rental Unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit to vacate such Rental Unit or to surrender or waive any rights in relation to such occupancy.

14. Remove a housing service for the purpose of causing the Tenant to vacate the Residential Real Property (i.e., taking away a parking space knowing that a Tenant cannot find alternative parking and must move.)

15. Interfere with the right of Tenant(s) to organize and engage in concerted activities with other tenants for the purpose of mutual aid and protection; provide property access to Tenant organizers, advocates, or representatives working with or on behalf of Tenants living at a property; convene Tenant or Tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Lease; or distribute and post literature informing other Tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards.

16. Threatening or intimidating a Tenant based on their immigration or citizenship status or otherwise disclosing a Tenant’s immigration or citizenship status in 24 violation of California Civil Code section 1940.35(a) and California Code of Civil Procedure section 1161.4, as may be amended.
25

Page 1 of 1 ends

BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY

AGENDA REPORT
For meeting of: May 7, 2024
TO: Honorable Mayor and City Council
VIA: Matthew Chidester, City Manager
FROM: Jessica Blair, Communications Director/City Clerk TITLE: HOUSING DEFINITIONS ORDINANCE – SECOND READING
______________________________________________________________________________ RECOMMENDATION:

Waive second reading and adopt an ordinance amending Chapter 6.02 titled “Housing Definitions” to incorporate defined terms from proposed New Chapter 6.06 (Residential Rent Stabilization) and Chapter 6.08 (Tenant Protections).

FISCAL IMPACT:

There is no fiscal impact associated with adoption of the ordinance amendment.

STRATEGIC ELEMENTS:

This action supports all Strategic Plan Elements including Infrastructure and Environment, Healthy Communities and Public Safety, Fiscal Sustainability, and Inclusive Governance.

DISCUSSION:

ATTACHMENTS:

1. Annotated Amended Chapter 6.02 “Housing Definitions”

2. Ordinance including Exhibit A to Ordinance (Amended Chapter 6.02— “Housing Definitions”)
26 ATTACHMENT 1
TITLE 6 – HOUSING
CHAPTER 6.02 – Housing Definitions
Section 6.02.010 – Purpose and applicability
The purpose of this Chapter is to ensure precision in the interpretation and implementation of housing related regulations through clear and concise definitions of terms. The meaning and construction of words and phrases defined in this chapter shall apply throughout Title 6, except as may be otherwise and more specifically defined in this Title or where the context clearly indicates a different meaning or construction.

Section 6.02.020 – Definitions
A. Accessory Dwelling Unit (ADU) shall have the same meaning as set forth in Title 18 of the Half Moon Bay Municipal Code.

B. Annual Allowable Rent Adjustment means the limit on the Maximum Allowable Rent increase, which a Landlord may charge on any Rental Unit each year.

C. Administrator refers to the City Manager or their designee.

D. Base Rent means the rent charged to a Stabilized Rental Unit on the effective day of the ordinance creating Chapter 6.06 of the Municipal Code.

E. Capital Improvement means an improvement, addition or major repair to a Rental Unit that was paid for and completed after the effective date of Chapter

6.06, provided such new improvement, addition or major repair has a useful life of five (5) years or more and that is required to be amortized over the useful life of the improvement, such as: structural, electrical, plumbing, or mechanism system, roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, children’s play equipment permanently installed, the complete exterior painting of a building, and other similar improvements as defined under the straight line depreciation provisions of the Internal Revenue Code and the regulations which may be issued by the Administrator. Capital Improvement does not include normal or routine maintenance, repair, replacements, and/or deterioration resulting from an unreasonable delay in the undertaking of completion or after a Notice of Violation by a government agency ordering repairs. 27 F. City means the City of Half Moon Bay.

G. Consumer Price Index means, at the time of the adjustment calculation completed by the City pursuant to subsection (b), the percentage increase in the United State Consumer Price Index for all Urban Consumers, San FranciscoOakland-Hayward region, or any successor designation of that index that may later be adopted by the U.S. Bureau of Labor Statistics) as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics, for the 12- month period ending as of March of the current year.

H. Costa-Hawkins Act refers to the Costa-Hawkins Rental Housing Act of 1995, as may be amended.

I. Designated Representative may include City staff and/or a Party or organization contracted by the City to provide the necessary services to implement the procedures contained in Chapter 6.06.

J. Fair Return Petition means a formal request for consideration of a rent increase in excess of the standard annual rent adjustment due to extenuating and unique circumstances to the Residential Rental Property.

K. Hearing Officer means a person who has been appointed by the Administrator to perform the duties set forth in this Title.

L. Housing Services means those services provided and associated with the use or occupancy of a Residential Rental Unit including, but not limited to, insurance, repairs, replacement, maintenance, effective waterproofing and weather protection, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, laundry facilities and privileges, janitorial services, utilities that are paid by the Landlord, refuse removal, allowing pets, telephone, parking, storage, the right to have a specified number of Tenants or occupants, computer technologies, entertainment technologies, including cable or satellite television services, and any other benefits, privileges or facilities connected with the use or occupancy of such Rental Unit including a proportionate share of the services provided to common facilities of the building in which such Residential Rental Unit is located and/or of the property on which such Residential Rental Unit is located.

M. Landlord means an owner, lessor, orsublessor who receives or is entitled to receive Rent for the use and occupancy of any Residential Rental Unit or portion thereof, and includes any legal entity or other individuals, employees, agents, contractors, and subcontractors that comprise or represent the Landlord.

N. Lease means a written contract or oral agreement used to make a legal agreement governing the occupancy of the rental unit between landlord and 28 tenant.

O. Maximum Allowable Rent means the maximum rent which may be legally charged on any Stabilized Rental Unit covered by Chapter 6.06.

P. Mediation Agreement means a settlement agreement between a Landlord and Tenant derived through voluntary mediation.

Q. Net Operating Income means the net revenue received by the Landlord after paying the normal Operating Expenses (gross revenue less normal operating expenses).

R. Operating Expenses means the costs of normal operations, including, but not limited to, management, taxes, insurance, maintenance, repairs and other recurring costs.

S. Owner means any owner of record, corporation, limited liability company, or other corporate or business entity, or separate entities in which any shareholder, partner, member, or family member of an investor in the entity owns ten percent (10%) or more of the interest in the rental unit.

T. Primary or Principal Residence means the residence which is the individuals usual place of residence which is held in the name of the natural person claiming Primary Residence and cannot be held by a limited liability corporation, limited partnership or other corporate structure. Indicia of Primary Residence include:
(1) The individual carries on basic living activities at the subject premises for extended periods;
(2) The subject premises are listed with other public agencies, including Federal, State and local taxing authorities as the individual’s primary residence;
(3) Utilities are billed to and paid by the individual at the subject premises;
(4) A homeowner’s tax exemption for the individual has not been filed for a different property;
(5) The occupant is not registered to vote at any other location; (6) All or most of the individual’s personal possessions have been moved into the subject premises;
29 (7) The subject premises are the place the individual normally returns to as their home, exclusive of military service, hospitalization, vacation, family emergency, travel necessitated by employment or education, incarceration, or other reasonable temporary periods of absence;
(8) Other relevant factors demonstrating a residence is the person’s Primary
U. Rent means compensation paid by a Tenant at fixed intervals to a Landlord for the possession and use of a Residential Rental Unit or portion thereof as defined by the rental agreement between the Landlord and the Tenant. Rent excludes pass-through costs and ancillary costs paid separately to the Landlord for parking, storage, utilities, water, garbage, or any other fee or charge associated with the Residential Rental Unit.

V. Rent Increase means any additional Rent demanded of or paid by a Tenant for a Rental Unit, including any reduction in Housing Services without a corresponding reduction in the amount demanded or paid for Rent; or a pro rata increase in costs of Housing Services apportioned to a Rental Unit.

W. Rent Stabilization Fee means a fee imposed upon each unit subject to rent stabilization to cover costs of administering the program.

X. Residential Rental Real Property means the Residential Rental Unit along with associated common areas including parking lots, parks, offices, community rooms and laundry facilities.

Y. Residential Rental Registry Fee means the fee set by resolution of the City Council and paid by a Landlord to register each Residential Rental Unit.

Z. Residential Rental Registry Information meansthe information required to be submitted to the City pursuant to Chapter 6.06.

AA. Residential Rental Unit means a habitable structure or portion thereof (as defined in Title 18), offered for Rent and used as a place of permanent or customary and usual abode of a Tenant. Residential Rental Units include a singlefamily residence, an accessory dwelling unit, a mobile or manufactured home, a building, a group of buildings, or a portion of a building including a specific room used and/or designed as dwellings. A Residential Rental Unit shall not include:

1. A building, structure or unit not intended for human habitation or lacking appropriate permits and improvements required for human habitation.

This includes unpermitted conversions of garages, sheds, or other accessory structures for human habitation.
30 2. Transient housing accommodations including hotels, motels, bed and breakfast inns, recreational vehicles within or outside a park, and shortterm vacation rentals as found in Title 18 of the Half Moon Bay Municipal Code.

3. Group residential, supportive housing, transitional housing, and similar congregate uses as may be defined in Title 18 of the Half Moon Bay Municipal Code.

4. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.

BB. Stabilized Unit refers to any Residential Rental Unit in the City of Half Moon Bay subject to rent stabilization under this ordinance and the Costa-Hawkins Rental Housing Act. This definition applies to any dwelling space that is actually used for residential purposes, including live-work spaces, whether or not the residential use is legally permitted.

CC. Tenancy means the right or entitlement of a Tenant to use or occupy a Rental Unit, including a Mobilehome or Mobilehome Space in a Mobilehome Park.

DD. Tenant means any renter, tenant, subtenant, lessee or sublessee of a Residential Rental Unit, or any group of renters, tenants, subtenants, lessees, or sublessees of a Residential Rental Unit, or any other person entitled to the use of occupancy of all or a portion of such ResidentialRental Unit, or any successor of any of the foregoing.

EE. Tenant Petition means a written petition seeking to reduce an increase in rent sought by a Landlord under a Fair Return Petition.
31 ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF HALF MOON BAY AMENDING CHAPTER 6.02 “HOUSING DEFINITIONS” OF THE HALF MOON BAY MUNICIPAL CODE TO INCLUDE NEW DEFINED TERMS INCLUDED IN PROPOSED CHAPTER 6.06 “RESIDENTIAL RENT STABILIZATION” AND CHAPTER 6.08 “TENANT PROTECTIONS’
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of Half Moon Bay ("City") has broad authority to maintain the public peace, health and safety of its community and preserve the quality of life for its residents and may make and enforce all regulations and ordinances using its police powers to do so; and WHEREAS, the City, with direction from the City Council, has developed goals, objectives, policies, and action programs that directly address the City's housing needs; and WHEREAS, the City Council has identified an acute rental housing shortage within the City limits and on the greater Coastside; and
WHEREAS; the community has testified that the cost of rental housing is increasing faster than wages and that this affects all renters in the City limits and the greater Coastside; and WHEREAS, the City Council is concurrently considering introduction of ordinances establishing rent stabilization and enhanced tenant protections; and WHEREAS, the City is contemplating adoption of the Cycle 6 Housing Element including goals, policies, and programs to support renters including the establishment of rental protections; and
WHEREAS,the City Council conducted a study session on November 7, 2023, to consider currently available information on rent control and tenant protections and to identify additional data needs; and
WHEREAS, following the November 7 meeting, the City Council directed staff to prepare ordinances to implement rental registration, rent control, expanded tenant protections, and relocation assistance for certain code-related compliance efforts.

WHEREAS, on February 16, 2024, the City Council adopted new Chapter 6.02 “Housing Definitions” which serves as a clearinghouse for defined housing terms for chapters of Title 6 of the Half Moon Bay Municipal Code; and
32 WHEREAS, the City Council conducted a work session on March 19 to discuss draft Chapter 6.06 “Residential Rent Stabilization” and Chapter 6.08 “Tenant Protections”; and WHEREAS, following the March 19 meeting, the City Council directed staff to return with Chapter 6.06 “Residential Rent Stabilization”, Chapter 6.08 “Tenant Protections” and amendments to Chapter 6.02 “Housing Definitions” for formal consideration and possible introduction; and
WHEREAS, Chapter 6.06 “Residential Rent Stabilization” includes defined terms that are included in amendments to Chapter 6.02; and
WHEREAS, Chapter 6.08 “Tenant Protections” includes defined terms that are included in amendments to Chapter 6.02; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.

SECTION 2. Amendment to Chapter 6.02 of the Half Moon Bay Municipal Code. The Amendment to Chapter 6.02 "Housing Definitions" of Title 6 of the Half Moon Bay Municipal Code as found in Attachment A is adopted pursuant to the City's police power authority to protect the public health, safety, and welfare.

SECTION 5. Publication. The City Clerk of the City of Half Moon Bay is hereby directed to publish this ordinance is accordance with Government Code section 36933.

SECTION 6. Effective Date. Except as otherwise provided, this Ordinance shall take effect and be enforced thirty (30) calendar days after the date of its adoption.

INTRODUCED at a regular meeting of the City Council of the City of Half Moon Bay, California, 33 held on the 16th day of April 2024.

ADOPTED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 7th day of May 2024, by the following vote:

Ayes, Councilmembers:

Noes, Councilmembers:

Absent, Councilmembers:

Abstain, Councilmembers:

Attest:
___________________________ _______________________
Jessica Blair, City Clerk Joaquin Jimenez, Mayor
34 EXHIBIT A
TITLE 6 – HOUSING
CHAPTER 6.02 – Housing Definitions
Section 6.02.010 – Purpose and applicability
The purpose of this Chapter is to ensure precision in the interpretation and implementation of housing related regulations through clear and concise definitions of terms. The meaning and construction of words and phrases defined in this chapter shall apply throughout Title 6, except as may be otherwise and more specifically defined in this Title or where the context clearly indicates a different meaning or construction.