Larkspur prepares opposition to rent-control measure

The Larkspur City Council plans to outline its opposition to a proposed rent-control ordinance on the Nov. 5 ballot.

The City Council, which met Wednesday, directed staff to draft a related resolution. The voter-backed initiative on the ballot would expand protection for renters.

Mayor Scot Candell said the council might be overstepping its role to speak on behalf of an advocacy group on either side of the issue. He said an independent statement outside of the ballot measure would allow the council to speak their perspective without taking away from any other group.

“I think there are other ways, if we want to, to express our opinions,” Candell said.

A city ordinance caps rent increases at 5% plus inflation, or 7%, whichever is lower. Voters affirmed the 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 noted that due to the Brown Act, a state law that protects public participation in government meetings, the council could not confer outside of a meeting to draft the language of its resolution.

Instead, he said, the councilmembers would send their individual perspectives to staff, who will use the information to develop the first draft of a resolution to be considered at a meeting on Sept. 4.

Schwarz also said the councilmembers could send factual documents or information for the city to develop a webpage on city policy and the discussions around rent control.

The effort follows the passage of Measure D by less than 200 votes in the March election. The measure was a referendum by residents attempting to strike down the city’s rent-control ordinance. The initiative asked for a simple vote on whether rent control should be in place, and the yes vote won.

The new initiative was sponsored by a coalition of tenant protection 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 qualified for the ballot with 1,014 valid signatures. The council was obligated to either enact the ordinance or place it on the ballot.

The council has previously expressed opposition to the effort, noting that a city report found the proposed ordinance would result in higher costs to the city and a wider administrative mandate.

The current program is projected to cost $250,000 to $300,000 in its first year, with a cost to property owners at between $140 and $160 per dwelling, a staff report said. The new initiative is projected to cost $400,000 to $500,000, with a cost of $175 to $200 per dwelling.

The city estimates that the actual rent cap would likely be around 2% a year under the conditions set by the initiative.

The current ordinance would sunset on Jan. 1, 2030. The proposed ordinance has no expiration.

Councilmember Catherine Way expressed frustration over the tumultuous process that led to the passage of Measure D. She felt the proposed ballot measure has usurped the process by avoiding public deliberation and review.

“If we are still feeling that way, maybe a ballot statement that expresses that? I don’t know,” Way said. “We did spend a tremendous amount of time and effort.”

Councilmember Gabe Paulson proposed that the city provide the public with information about Measure D and a report on the potential effects of the proposed ordinance.

“I think we have public process and now we have political process,” Paulson said.