The Larkspur City Council plans to voice its opposition to a proposed rent control ordinance on the Nov. 5 ballot.
The City Council, which met Wednesday, instructed its staff to draft a resolution to that effect. The voter-backed initiative on the ballot would expand protections for renters.
Mayor Scot Candell said the council may be overstepping its role by speaking on behalf of an interest group on one side of the issue or the other. He said providing an independent opinion outside of the ballot proposal would allow the council to present its perspective without affecting that of another group.
“I think there are other ways to express our opinions if we want to,” Candell said.
A city ordinance caps rent increases at 5% plus inflation or 7%, whichever is lower. Voters approved that policy in the March election. The proposed initiative would cap annual rent increases at 60% of the consumer price index or 3%, whichever is lower.
City Manager Dan Schwarz pointed out that because of the Brown Act — a state law that protects public participation in government meetings — the council could not deliberate outside of a meeting to develop the language of its resolution.
Instead, he said, council members would relay their individual views to staff, who would use the information to develop an initial draft resolution to be considered at a Sept. 4 meeting.
Schwarz also said council members could send factual documents or information to the city to create a website about city policy and discussions on rent control.
This initiative follows the passage of Measure D by fewer than 200 votes in the March election. The measure was a referendum by residents seeking to overturn the city’s rent control ordinance. The initiative called for a simple vote on whether to impose rent control, and the yes vote won.
The new initiative was sponsored by a coalition of tenant advocacy groups, including the Skylark Tenants Association, the Bon Air Tenants Association, the North Bay Labor Council and the Marin Democratic Socialists of America.
The initiative was approved for voting with 1,014 valid signatures. The Council was obliged to either adopt the regulation or put it to a vote.
The council had previously spoken out against this plan, pointing out that a city report had concluded that the planned ordinance would result in higher costs for the city and more extensive administrative workload.
The current program is expected to cost $250,000 to $300,000 in the first year, with costs to owners ranging from $140 to $160 per apartment, a staff report said. The new initiative is expected to cost $400,000 to $500,000, with costs per apartment ranging from $175 to $200.
According to the city’s estimates, the actual rent cap under the conditions set out in the initiative would probably be around 2 percent per year.
The current regulation would expire on 1 January 2030. The proposed regulation has no period of validity.
Councilmember Catherine Way expressed her frustration with the tumultuous process that led to the passage of Measure D. She felt the proposed ballot measure usurped the process by avoiding public deliberation and review.
“If we still feel that way, how about maybe a voting statement that expresses that? I don’t know,” Way said. “We’ve really put in a tremendous amount of time and effort.”
Council Member Gabe Paulson suggested that the city inform the public about Measure D and prepare a report on the potential impacts of the proposed ordinance.
“I think we have a public process and now we have a political process,” Paulson said.
