roll call / pledge of allegiance approval of agenda … · 046946 957 coastside.net 12/06/19 135.30...

Adcock Community Senior Center, 535 KellyAvenue, Half Moon Bay, California 94019

Adam Eisen, MayorRobert Brownstone, Vice MayorDeborah Penrose, CouncilmemberHarvey Rarback, CouncilmemberDebbie Ruddock, Councilmember

CITY COUNCIL AGENDAREGULAR MEETING

CITY OF HALF MOON BAY

TUESDAY, JANUARY 21, 2020

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. Those

wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing

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 and the Half Moon Bay Library 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/

MEETING WILL CONCLUDE BY 11:00 PM UNLESS OTHERWISE EXTENDED BY COUNCIL VOTE

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http://hmbcity.com/

ROLL CALL / PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

PUBLIC FORUM

PROCLAMATIONS AND PRESENTATIONS

MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE

REPORT OUT FROM RECENT CLOSED SESSION MEETINGS

CITY MANAGER UPDATES TO COUNCIL

1. CONSENT CALENDAR

1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES

1.B WARRANTS FOR THE MONTH OF DECEMBER 2019

Staff Recommendation: Accept the warrants list for month of December 2019.

STAFF REPORT

ATTACHMENT 1

1.C FINAL ACCEPTANCE OF THE HIGHWAY 1/KELLY AVENUE STORM DRAINAGE

IMPROVEMENT PROJECT (CIP PROJECT NO. 9003)

Staff Recommendation: Adopt a resolution, accepting the Highway 1/Kelly Avenue StormDrainage Improvement Project (CIP Project No. 9003) and authorizing the City Manager ortheir designee to file a Notice of Completion for the Project, and release the retention fundsand bonds thirty (30) days after recordation of the Notice of Completion.

STAFF REPORT

RESOLUTION

1.D FINAL ACCEPTANCE OF THE 2019 SEWER POINT REPAIR PROJECT (CIP NO. 506)

Staff Recommendation: By resolution, authorize the City Manager or their designee to file aNotice of Completion for the 2019 Sewer Point Repair Project (Project), release the projectretention funds, and release the Project Performance Bond and Labor and Materials Bondthirty (30) days after recordation of the Notice of Completion.

STAFF REPORT

RESOLUTION

1.E RESOLUTION SUPPORTING EQUITY IN PROFESSIONAL SPORTS COMPETITIONS WITHIN THE

CITY

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/512247/STAFF_REPORT.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/512248/ATTACHMENT_1.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/512251/RESOLUTION.pdf



Staff Recommendation: Adopt a resolution supporting equity in professional sportscompetitions within the city.

STAFF REPORT

RESOLUTION

1.F MAYOR’S LIST OF CITY COUNCIL REPRESENTATIVES AND DESIGNATED ASSIGNMENTS FOR

2020

Staff Recommendation: Accept Mayor Eisen’s List of City Council Representatives andDesignated Assignments for 2020.

STAFF REPORT

ATTACHMENT 1

2. ORDINANCES AND PUBLIC HEARINGS

2.A CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 3.300 “MINIMUM WAGE” TO THE

HALF MOON BAY MUNICIPAL CODE

Staff Recommendation: Conduct a public hearing, waive the first reading, and introduce anordinance adding Chapter 3.300 “Minimum Wage” to the Half Moon Bay Municipal Code,establishing a minimum wage of $15 per hour for all employers effective July 1, 2020.

STAFF REPORT

ORDINANCE

ATTACHMENT 2

ATTACHMENT 3

ATTACHMENT 4

2.B CONSIDERATION OF AN ORDINANCE AMENDING PORTIONS OF CHAPTER 18 (ZONING) OF

THE HALF MOON BAY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS

Staff Recommendation: Conduct a public hearing, waive first reading, and introduce anOrdinance amending portions of Chapter 18 (Zoning) of the Half Moon Bay Municipal Coderelating to Accessory Dwelling Units.

STAFF REPORT

ORDINANCE

ATTACHMENT 2

ATTACHMENT 3

ATTACHMENT 4

3. RESOLUTIONS AND STAFF REPORTS

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/512265/ORDINANCE.pdf





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3.A SUMMARY REPORT FROM THE CLIMATE ACTION AND ADAPTATION PLAN OUTREACH

PILOT PROJECT

Staff Recommendation: Receive a summary report on the Climate Action and AdaptationPlan (CAAP) Outreach Pilot Project.

STAFF REPORT

3.B SEA HORSE RANCH LICENSE AGREEMENT

Staff Recommendation: Adopt a resolution authorizing the City Manager to execute aLicense Agreement with Sea Horse Ranch, for non-exclusive use of City property alongPoplar Beach, for a term of six years, at an initial annual rate of $13,281, with 3 percentannual increases throughout the Term.

STAFF REPORT

RESOLUTION

ATTACHMENT 2

COMMISSION / COMMITTEE UPDATES

FOR FUTURE DISCUSSION / POSSIBLE AGENDA ITEMS

CITY COUNCIL REPORTS

ADJOURNMENT

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BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY

AGENDA REPORT

For meeting of: January 21, 2020

TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager From: Lisa Lopez, Administrative Services Director TITLE: WARRANTS FOR THE MONTH OF DECEMBER 2019 ______________________________________________________________________________

RECOMMENDATION: Accept the warrants list for the month of December 2019.

STRATEGIC ELEMENT: This recommendation supports the Fiscal Sustainability and Inclusive Governance Element.

DISCUSSION: During this month, we processed 4 check runs. The first was on December 6, totaling $339,755.95. The second was on December 13, totaling $917,159.46. The third was on December 20, totaling $221,172.94. The fourth was on December 28, totaling $18,746.04. The total for the month was $1,496,834.39.

The City processed payments related to 16 capital improvement projects, in a total amount of $647,158.13. These projects include: Street Resurfacing, Ocean Colony Pump Station, HWY1 Safety/Traffic Reduction Improvements, Downtown Gateway Arch-South, HWY1 Safety/Congestion, General Plan Update, Bike and Pedestrian Master Plan, Poplar Pedbike Trail Rehabilitation, Ocean View Park Permanent Restrooms, Carter Park Improvement, Bikeway Connectivity Project-North, Street Light Upgrades, Neighborhood Traffic Safety, Kelly/HWY1 Drainage, Stair Repair at Canada Verde. Staff is also including a list of all payments above $30,000 processed during this reporting period, as listed in the table below.

ATTACHMENTS: Check Disbursement List by Check Date

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E&l1O(10U(s0p16.67h8.5v0s0b0T&l2E&l60F&l6CCity of Half Moon Bay Dec Final Disbursement List. Check Date 12/06/19, Due Date 01/06/20, Discount Date 01/13/20. Computer Checks.Bank BA WELLSFARGO GENERAL CHECKING ------------------------------------------------------------------------------------------------------------------------------------ MICR Vendor Check CheckCheck# Number Payee Date Amount Description------------------------------------------------------------------------------------------------------------------------------------046929 2022 ACC BUSINESS 12/06/19 776.44 OCT'19 INTERNET SERVICE 046930 1394 ACCOUNTEMPS FILE 73484 12/06/19 3,123.87 NOV'19 TEMP EMPLOYEE 046931 4090 ALEJANDRA ACOSTA 12/06/19 100.00 DEPOSIT REFUND 11/23/19 DEPOT ROOM 046932 4534 AFLAC AMERICAN FAMILY LIFE ASSURANCE COM 12/06/19 274.46 ACCOUNT NUMBER L3Y13 046933 3332 AMERICAN PORTABLES 12/06/19 2,554.19 NOV'19 FY19-20 PORTABLE RESTROOM FACILIT046934 2407 ARAMARK 12/06/19 752.06 NOV'19 MAINT SUPPLIES 046935 266 BAGG ENGINEERS 12/06/19 3,100.00 OCT'19 FY19-20 ON CALL GEOTECHNICAL SERV046936 4197 MARIA BECERRA 12/06/19 500.00 RESERVATION REFUND 12/21/19 GRAND OAK 046937 481 BIG CREEK 12/06/19 2,802.36 NOV'19 MAINT SUPPLIES 046938 3165 C.C.O.I. GATE & FENCE 12/06/19 120.00 NOV'19 MAINT SERVICE 046939 38 CALLANDER ASSOCIATES LANDSCAPE ARCHITECT 12/06/19 989.77 OCT'19 OCEAN VIEW RESTROOM REPLACEMENT 046940 2385 RON CARDOZA 12/06/19 3,180.00 AUG-OCT'19 MAINT SERVICE 046941 4039 PAUL J. CARMODY 12/06/19 1,610.00 INSTRUCTOR PAYMENT MARTIAL ARTS 11/01-11046942 3976 CIRCLEPOINT 12/06/19 5,175.00 OCT'19 ENVIRONMENT IMPACT REPORT 046943 542 CITY OF REDWOOD CITY 12/06/19 560.00 FY19/20 REGIONAL CONSOROTIUM MEMBERSHIP 046944 3355 CLEANING AND GARDENING ATTN: ASUNCION GI 12/06/19 4,650.00 AUG-SEP'19 MAINT SERVICE 046945 293 CLEARLITE TROPHIES 12/06/19 101.29 NOV'19 OFFICE SUPPIES 046946 957 COASTSIDE.NET 12/06/19 135.30 DEC'19 INTERNET SERVICE 046947 4139 ELIZABETH CORONA 12/06/19 200.00 DEPOSIT REFUND 11/15/19 COMMUNITY ROOM 046948 2797 SAN MATEO DAILY JOURNAL 12/06/19 1,056.00 NOV'19 ADVERTISING SERVICE 046949 2368 DEL GAVIO GROUP 12/06/19 1,890.10 OCT'19 CITY HALL IMPROVEMENT 046950 3086 DIRECTV 12/06/19 84.63 NOV'19 DIRECTV SERVICE 046951 202 FEDEX 12/06/19 81.49 NOV'19 SHIPPING SERVICE 046952 70 GRAINGER 12/06/19 5,434.10 OCT'19 MAINT SUPPLIES 046953 3387 C & D HAUPT, INC DBA: GSD CONSULTING 12/06/19 2,760.00 NOV'19 FY'19-20 FINANCE AND IT SUPPORT 046954 2603 H.T. HARVEY & ASSOCIATES 12/06/19 3,819.50 NOV'19 CITY ANNUAL DITCH MAINTENANCE & B046955 3528 HASSETT HARDWARE BLUETARP CREDIT SERVICE 12/06/19 128.51 NOV'19 REC SUPPLIES 046956 3528 HASSETT HARDWARE BLUETARP CREDIT SERVICE 12/06/19 4,649.88 NOV'19 MAINTENANCE SUPPLIES 046957 1853 HDL SOFTWARE, LLC 12/06/19 1,501.41 SEP'19 FY19-20 TOT AND BUSINESS LICENSE 046958 76 HALF MOON BAY BUILDING & GARDEN 12/06/19 16.37 NOV'19 MAINT SUPPLIES 046959 2564 HALF MOON BAY GRADING & PAVING INC. 12/06/19 878.25 JUL'19 MAINT SUPPLIES 046960 82 HALF MOON BAY REVIEW 12/06/19 208.00 NOV'19 NOTICE OF VACANCY BICYCLE/PEDESTR046961 4487 THE HOME DEPOT PRO 12/06/19 1,217.21 NOV'19 MAINT SUPPLIES 046962 3429 HUE & CRY 12/06/19 133.95 DEC'19 SECURITY SERVICE 046963 1645 HUFFMAN-BROADWAY GROUP, INC. 12/06/19 4,560.00 AUG-OCT'19 PROFESSIONAL SERVICES 046964 4619 JULISSA ACOSTA 12/06/19 49.42 NOV'19 CALPERS TRAINING MILEAGE 046965 103 KIKUCHI & ASSOC. STEVE KIKUCHI 12/06/19 1,410.00 NOV'19 PLANS, SPECS, AND ESTIMATES FOR H046966 2699 KONICA MINOLTA BUSINESS SOL 12/06/19 1,243.92 NOV'19 COPIER & SCANNER LEASE & USAGE 4Y046967 3211 THE LEW EDWARDS GROUP 12/06/19 5,750.00 NOV'19 FY19/20 CONTRACT SERVICES 046968 4563 LIFEPLAYS 12/06/19 1,500.00 NOV'19 COMMUNICATION WORKSHOP 046969 3250 METROPOLITAN PLANNING GROUP 12/06/19 3,465.00 OCT'19 FY19-20 PLANNING SERVICES 046970 3069 MANAGED HEALTH NETWORK BANK OF AMERICA 12/06/19 168.00 DEC'19 EAP 046971 2014 MOORE IAGOFANO GOLTSMAN, INC. MIG/TRA 12/06/19 90.00 OCT'19 MIG WILL ASSIST TO PREPARE PRESEN046972 3872 MUNICIPAL FINANCIAL SERVICES ATTN: THOMA 12/06/19 4,320.00 NOV'19 FY19/20 SEWER RATE STUDY 046973 3726 NICOLAS LASZKIEWICZ NICHOLAS TRANSLATION 12/06/19 360.00 NOV'19 TRANSLATION SERVICES 046974 2997 NICHOLS CONSULTING ENGINEERS CHTD 12/06/19 3,328.75 NOV'19 POPLAR BEACH GATEWAYS PLAN 046975 457 OFFICE DEPOT ACCT NO 89037853 12/06/19 85.69 NOV'19 OFFICE SUPPLIES 046976 4543 ORION SECURITY 12/06/19 477.00 NOV'19 SEASONAL SECURITY SERVICE 046977 1336 PENINSULA SPORTS OFFICIALS ASSOC. INC 12/06/19 110.00 JUL'19 UMPIRE FEES

CCS.AP Accounts Payable Release 8.3.1 R*APZCKREG*FDL By RAYMOND CRUZ (RAYMONDC)

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City of Half Moon Bay Dec 06, 2019 10:13am Page 2Final Disbursement List. Check Date 12/06/19, Due Date 01/06/20, Discount Date 01/13/20. Computer Checks.Bank BA WELLSFARGO GENERAL CHECKING ------------------------------------------------------------------------------------------------------------------------------------ MICR Vendor Check CheckCheck# Number Payee Date Amount Description------------------------------------------------------------------------------------------------------------------------------------046978 3790 PIXEL-GYM 12/06/19 2,700.00 NOV'19 WINTER NEWSLETTER 046979 4339 PLAN JPA POOLED LIABILITY ASSURANCE NETW 12/06/19 1,799.92 NOV'19 LIABILITY CLAIM PAYMENT 046980 146 PRINCETON WELDING ROBERT D RESCH 12/06/19 2,126.00 NOV'19 MAINT SERVICE 046981 3951 PUBLIC PARKING ASSOCIATES 12/06/19 165.00 NOV'19 MAINT SERVICE 046982 4303 RAIN MASTER IRRIGATION SYSTEMS ICENTRAL 12/06/19 194.30 NOV'19 MAIN SERVICE 046983 3154 CARLOS RAMIREZ 12/06/19 437.50 DEPOSIT REFUND 11/23/19 GRAND OAK 046984 4388 ROSLYN RAMSEY 12/06/19 52.50 INSTRUCTOR PAYMENT 11/20/19 TENSION AND 046985 4430 SUE ROSS 12/06/19 200.00 DEPOSIT REFUND 11/16/19 GRAND OAK 046986 903 SIMMS PLUMBING & WATER EQUIPMENT, INC. 12/06/19 3,242.25 NOV'19 MAINT SUPPLIES 046987 3746 MALCOLM C SMITH 12/06/19 1,677.50 NOV'19 COMMUNICATION CONSULTANT 046988 4603 SOL ECOLOGY INC 12/06/19 1,466.54 JUN'19 DELINEATION REPORT PDP-2019-089 046989 165 STRAWFLOWER ELECTRONICS 12/06/19 14.15 NOV'19 MAINT SUPPLIES 046990 1352 SWRCB ACCOUNTING OFFICE ATTN: AFRS 12/06/19 2,625.00 FY19/20 PERMIT FEE WD-0165795 389332 046991 1352 SWRCB FEES 12/06/19 8,539.00 FY19/20 PERMIT FEE SW-0179453 391534 046992 2524 UPS STORE 12/06/19 3,135.82 OCT'17-SEP'19 SHIPPING SERVICE 046994 4429 WESTERN EXTERMINATOR COMPANY 12/06/19 1,167.00 OCT'19 EXTERMINATOR SERVICES 046995 4270 4LEAF, INC. 12/06/19 24,015.49 OCT'19 FY19-20 ON CALL BUILDING INSPECTO046996 3954 ALTA PLANNING & DESIGN ATTN: ACCOUNTING 12/06/19 29,479.82 OCT'19 BICYCLE/PEDESTRIAN MASTERPLAN 046997 4622 EAGLELIFT, INC. 12/06/19 29,160.00 DEC'19 CANADA VERDE STAIRS POLYURETHANE 046998 4398 ELS ARCHITECTURE & URBAN DESIGN 12/06/19 71,194.95 SEP-OCT'19 CARTER PARK PHASE 2 DESIGN SE046999 1206 MARK THOMAS & CO. INC. 12/06/19 33,667.24 SEP'19 HWY1 SAFETY AND OPERATIONAL IMPRO047000 1760 STEPFORD 12/06/19 17,330.00 JAN'20 DESKTOP SUPPORT 047001 3519 SWCA INC 12/06/19 13,884.05 JUL'19 BIOLOGICAL RESOURCE EVALUATION 56047002 3955 TOWNSEND PUBLIC AFFAIRS 12/06/19 10,000.00 OCT-NOV'19 FY19-20 GRANT SERVICES -------------- Total 339,755.95


E&l1O(10U(s0p16.67h8.5v0s0b0T&l2E&l60F&l6CCity of Half Moon Bay Dec Final Disbursement List. Check Date 12/13/19, Due Date 01/13/20, Discount Date 01/14/20. Computer Checks.Bank BA WELLSFARGO GENERAL CHECKING ------------------------------------------------------------------------------------------------------------------------------------ MICR Vendor Check CheckCheck# Number Payee Date Amount Description------------------------------------------------------------------------------------------------------------------------------------047003 1394 ACCOUNTEMPS FILE 73484 12/13/19 1,338.00 DEC'19 TEMP EMPLOYEE 047004 2912 BARTEL ASSOCIATES, LLC 12/13/19 750.00 OCT'19 FY19-20 ACTUARIAL SERVICES 047005 3285 BAY AREA BARRICADE SERVICE INC. 12/13/19 7,173.36 OCT'19 MAINT SUPPLIES 047006 1826 CA DEPT OF JUSTICE ACCOUNTING OFFICE/CAS 12/13/19 64.00 NOV'19 FINGERPRINT APP 047007 4300 AT&T BAN 9391065430 12/13/19 41.97 NOV'19 PHONE SERVICE 047008 3643 CORODATA RECORDS MANAGEMENT, INC 12/13/19 295.75 NOV'19 RECORDS MANAGEMENT 047009 4064 DOMONIQUE DEL CHIARO 12/13/19 441.00 INSTRUCTOR PAYMENT HULA 10/28-12/09/19 047010 3446 FLYERS ENERGY LLC DEPT #34516 12/13/19 1,609.20 NOV'19 VEHICLE FUEL 047011 70 GRAINGER 12/13/19 1,342.09 NOV'19 MAINT SUPPLIES 047012 2976 HACH COMPANY 12/13/19 1,605.65 NOV'19 FLOW METERING SERVICE 047013 1853 HDL SOFTWARE, LLC 12/13/19 1,392.48 OCT'19 FY19-20 TOT AND BUSINESS LICENSE 047014 2699 KONICA MINOLTA BUSINESS SOLUTIONS 12/13/19 635.14 NOV'19 NEW KONICA PRINTER & SCANNER 047015 4496 WILLIAM J. LOWELL 12/13/19 4,257.50 09/01-11/30/19 AFFORDABLE HOUSING WORK P047016 2859 CLAUDIA ANN MARSHALL 12/13/19 750.40 INSTRUCTOR PAYMENT DRAWING WITH COLOR 11047017 209 MAZE & ASSOCIATES ACCOUNTANCY CORPORATIO 12/13/19 5,047.00 NOV'19 FY18/19 AUDIT SERVICES 047018 129 SERVICE PRESS, INC. (OCEAN SHORE PRINTIN 12/13/19 104.22 DEC'19 SERVICE PRESS 047019 457 OFFICE DEPOT ACCT NO 89037853 12/13/19 77.79 NOV'19 OFFICE SUPPLIES 047020 3479 PARKEON INC 12/13/19 52.50 NOV'19 MAINT SERVICE 047021 4110 LISA POPE 12/13/19 2,631.25 OCT-NOV'19 TRANSCRIPT SERVICE 047022 620 NEOFUNDS 12/13/19 1,000.00 NOV'19 POSTAGE 047023 3101 SHRED-IT USA 12/13/19 247.11 NOV'19 RECORDS MANAGEMENT 047024 3519 SWCA INC 12/13/19 2,969.08 AUG'19 SWCA BIOLOGICAL RESOURCE EVALUATI047025 1497 TURBO DATA SYSTEMS 12/13/19 672.66 NOV'19 CITATION PROCESSING 047026 4270 4LEAF, INC. 12/13/19 27,585.00 OCT'19 FY19-20 BUILDING INSPECTOR AND RE047027 18 ANDREINI BROTHERS, INC. 12/13/19 71,609.67 NOV'19 OCEAN VIEW PARK RESTROOM REPLACEM047028 2564 HALF MOON BAY GRADING & PAVING INC. 12/13/19 245,049.56 NOV'19 KELLY AVE SR1 STORM DRAIN IMPROVE047029 3893 JAM SERVICES, INC. J A MOMANEY SERVICES, 12/13/19 85,884.70 NOV'19 MAIN STREET STREET LIGHT UPGRADES047030 4028 LORAL LANDSCAPING, INC. 12/13/19 11,298.40 NOV-DEC'19 LANDSCAPE MAINTENANCE SERVICE047031 1206 MARK THOMAS & CO. INC. 12/13/19 15,813.80 NOV'19 HWY1 SAFETY AND OPERATIONAL IMPRO047032 3956 PENINSULA MUNICIPAL ENGINEERING 12/13/19 19,898.00 SEP'19 ENGINEERING TRAFFIC TRANSPORTATIO047033 137 PG&E PAYMENT PROCESSING CENTER 12/13/19 10,746.25 NOV'19 ELECTRICITY CHARGES 047034 159 SEWER AUTHORITY MID-COASTSIDE 12/13/19 344,324.94 DEC'19 FY19-20 SAM O&M 047035 3085 SHUTE, MIHALY & WEINBERGER LLP 12/13/19 50,450.99 SEP'19 LEGAL SERVICES

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-------------- Total 917,159.46


E&l1O(10U(s0p16.67h8.5v0s0b0T&l2E&l60F&l6CCity of Half Moon Bay Dec Final Disbursement List. Check Date 12/20/19, Due Date 01/20/20, Discount Date 01/21/20. Computer Checks.Bank BA WELLSFARGO GENERAL CHECKING ------------------------------------------------------------------------------------------------------------------------------------ MICR Vendor Check CheckCheck# Number Payee Date Amount Description------------------------------------------------------------------------------------------------------------------------------------047036 4639 AB/JDD PLUMBING, HEATING, AIR CONDITIONI 12/20/19 697.50 NOV'19 MAINT SERVICE 047037 490 ASSOCIATION OF BAY AREA GOVERNMENTS 12/20/19 310.00 AUG-SEP'19 GAS CHARGES 047038 4483 ABLE SEPTIC TANK SERVICE 12/20/19 2,432.66 AUG'19 MAINT SERVICE 047039 1394 ACCOUNTEMPS FILE 73484 12/20/19 1,338.00 DEC'19 TEMP EMPLOYEE 047040 3954 ALTA PLANNING & DESIGN ATTN: ACCOUNTING 12/20/19 6,019.47 DEC'19 BIKEWAY CONNECTIVITY PROJECT-NORT047041 1046 APPLIED DEVELOPMENT ECONOMICS 12/20/19 911.41 NOV'19 FISCAL ANALYSIS 047042 2407 ARAMARK 12/20/19 194.09 NOV' MAINT SUPPLIES 047043 4628 ARCHIVESOCIAL, INC. 12/20/19 2,388.00 NOV'19 ARCHIVE SOCIAL ECONOMY PACKAGE 047044 2668 GAYTON ARRIGOTTI 12/20/19 325.50 INSTRUCTOR PAYMENT 12/14/19 SEA GLASS WO047045 1912 BAY AREA AIR QUALITY MANAGEMENT DISTRICT 12/20/19 769.00 DEC'19 PERMIT RENEWAL 047046 4632 BAY CITY MECHANICAL, INC. 12/20/19 660.00 OCT'19 MAINT SERVICE 047047 644 CALIFORNIA STATE DEPT OF FISH AND GAME 12/20/19 2,241.00 JAN'19 AGREEMENT AND FEES 047048 3532 CALIFORNIA COMPUTER AIDED DESIGN SOLUTIO 12/20/19 450.00 DEC'19 SEWER BILLING DATA 047049 4106 JENNIFER CHONG 12/20/19 144.45 DEC'19 MILEAGE REIMBURSEMENT PANEL LUNCH047050 3976 CIRCLEPOINT 12/20/19 1,551.25 NOV'19 ENVIRONMENT IMPACT REPORT 047051 1925 CITY OF BURLINGAME 12/20/19 4,958.33 OCT'19 SM CO BID 047052 404 CITY OF SAN CARLOS ATTN: LAURIE CUDWORTH 12/20/19 65.00 JUN'19 COUNCIL OF CITIES MEETING DINNER 047053 4086 COASTSIDE BUZZ, LLC 12/20/19 1,900.00 DEC'19 COMMUNITY OUTREACH 047054 3975 COLANTUONO HIGHSMITH WHATLEY, PC 12/20/19 1,619.50 NOV'19 LEGAL SERVICES 047055 3160 COLMA FIREMEN'S SOCIAL CLUB C/O CAITLIN 12/20/19 50.00 DEC'19 COUNCIL OF CITIES MEETING DINNER 047056 2028 COPOWER-GROUP ID 123518 DEPARTMENT 34604 12/20/19 5,675.40 JAN'20 DENTAL/VISION INSURANCE 047057 4476 VERNON STEFFEN 12/20/19 500.00 2019 SUMMER ENDS MUSIC FESTIVAL CROOKED 047058 2797 SAN MATEO DAILY JOURNAL 12/20/19 1,716.00 NOV'19 ADVERTISING SERVICE 047059 4398 ELS ARCHITECTURE & URBAN DESIGN 12/20/19 928.18 NOV'19 CARTER PARK PHASE 2 DESIGN SERVIC047060 202 FEDEX 12/20/19 21.75 DEC'19 SHIPPING SERVICE 047061 321 FOLGER GRAPHICS 12/20/19 5,245.96 DEC'19 RECREATION PRINTING 047062 70 GRAINGER 12/20/19 292.53 DEC'19 MAINT SUPPLIES 047063 4633 GRANICUS 12/20/19 687.40 DEC'19 NOV'19-20 GRANICUS SERVICE 047064 2603 H.T. HARVEY & ASSOCIATES 12/20/19 1,012.25 AUG'19 PILARCITOS HOMELESS ENCAMPMENT CL047065 4636 SONIA HARO 12/20/19 295.00 DEPOSIT REFUND 12/14/19 GRAND OAK OVERTI047066 4637 HEARTH AND HOME, INC. 12/20/19 250.00 DEC'19 BUILDING PERMIT 047067 76 HALF MOON BAY BUILDING & GARDEN 12/20/19 65.46 DEC'19 MAINT SUPPLIES 047068 82 HALF MOON BAY REVIEW 12/20/19 4,719.00 APR-NOV'19 ADVERTISING SERVICES 047069 4364 EMMA HOFMANN 12/20/19 300.00 DEPOSIT REFUND 12/15/19 GRAND OAK 047070 2444 HOME DEPOT CREDIT SERVICES 12/20/19 3,425.12 NOV'19 MAINT SUPPLIES 047071 4487 THE HOME DEPOT PRO 12/20/19 659.44 DEC'19 MAINT SUPPLIES 047072 3429 HUE & CRY 12/20/19 393.45 JAN'19 SECURITY SERVICE 047073 96 JAMES FORD INC. 12/20/19 596.55 NOV'19 VEHICLE SERVICE 047074 4631 KAISER PERMANENTE SENIOR ADVANTAGE C/O D 12/20/19 205.00 DEPOSIT REFUND 11/23/19 DEPOT ROOM 047075 2265 PAULA KROGH CITY OF HALF MOON BAY 12/20/19 2,021.17 DEC'19 USPS BULK MAIL REIMBURSEMENT 047076 4293 LOCKWORKS UNLIMINTED INC 12/20/19 291.80 DEC'19 MAINT SERVICE 047077 4627 MARIA MAGANA 12/20/19 100.00 DEPOSIT REFUND 11/30/19 DEPOT ROOM 047078 4629 SILVIA MARCELO 12/20/19 101.00 DEPOSIT REFUND 11/16-11/17/19 DEPOT ROOM047079 3250 METROPOLITAN PLANNING GROUP 12/20/19 2,441.25 NOV'19 FY19-20 PLANNING SERVICES 047080 2014 MOORE IAGOFANO GOLTSMAN, INC. MIG/TRA 12/20/19 3,625.00 NOV'19 HALF MOON BAY TOWN CENTER PLAN SB047081 4626 MILLER MANAGEMENT & CONSULTING GROUP 12/20/19 1,450.00 FEB'20 PROFESSIONAL TRAINING MASTER MUNI047082 3934 SHORETEL INC. 12/20/19 2,799.27 JAN'19 PHONE SERVICE 047083 4634 KAREN MORRISON-PERRY 12/20/19 100.00 DEPOSIT REFUND 12/14/19 DEPOT ROOM 047084 3641 NEIGHBORHOOD RADIO 12/20/19 50.00 DEC'19 ADVERTISING SERVICE


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City of Half Moon Bay Dec 20, 2019 01:33pm Page 2Final Disbursement List. Check Date 12/20/19, Due Date 01/20/20, Discount Date 01/21/20. Computer Checks.Bank BA WELLSFARGO GENERAL CHECKING ------------------------------------------------------------------------------------------------------------------------------------ MICR Vendor Check CheckCheck# Number Payee Date Amount Description------------------------------------------------------------------------------------------------------------------------------------047085 3726 NICOLAS LASZKIEWICZ NICHOLAS TRANSLATION 12/20/19 720.00 DEC'19 TRANSLATION SERVICES 047086 2997 NICHOLS CONSULTING ENGINEERS CHTD 12/20/19 4,792.50 SEP'19 POPLAR BEACH GATEWAYS PLAN 047087 129 SERVICE PRESS, INC. (OCEAN SHORE PRINTIN 12/20/19 104.22 SEP'19 OFFICE SUPPLIES 047088 457 OFFICE DEPOT ACCT NO 89037853 12/20/19 361.52 DEC'19 OFFICE SUPPLIES 047089 252 RICE TRUCKING-SOIL FARM, INC. 12/20/19 191.19 DEC'19 MAINT SUPPLIES 047090 4493 PEGGY ROZHON 12/20/19 100.00 DEPOSIT REFUND 12/16/19 B COMMUNITY ROOM047091 4638 RYAN PROCESS, INC. 12/20/19 5,621.75 DEC'19 KEHOE WATER COURSE 047092 3757 SCHAFF & WHEELER, CONSULTING CIVIL ENGIN 12/20/19 470.00 NOV'19 OCEAN COLONY PUMP STATION 047093 4630 CARRIE SIMS 12/20/19 11.00 REGISTRATION REFUND 11/28/19 ZUMBA GOLD 047094 1526 SAN MATEO COUNTY CONTROLLERS OFFICE ATTN 12/20/19 1,176.40 NOV'19 CITATION ALLOCATION 047095 217 COUNTY OF SAN MATEO INFORMATION SVCS DEP 12/20/19 76.00 NOV'19 MICROWAVE SERVICE 047096 4625 ANNE TENGELSEN 12/20/19 155.00 REGISTRATION REFUND 12/14/19 SEA GLASS &047097 2440 ULINE SHIPPING SUPPLIES 12/20/19 1,048.11 DEC'19 MAINT SUPPLIES 047098 4635 TOMASA VELASCO 12/20/19 200.00 DEPOSIT REFUND 12/14/19 COMMUNITY ROOM 047099 4624 JACQUELINE ZARKER 12/20/19 19.00 INSURANCE FEE DEPOSIT REFUND 12/07/19 047100 4270 4LEAF, INC. 12/20/19 32,155.00 NOV'19 FY19-20 ON CALL BUILDING INSPECTO047101 4484 CSW/STUBER-STROEH ENGINEERING GROUP, INC 12/20/19 13,810.00 DEC'19 POPLAR COMPLETE STREET PROJECT 047102 3189 DKS ASSOCIATES 12/20/19 10,412.50 JUL'19 HALF MOON BAY TRAVEL FORECASTS 047103 89 HMB COASTSIDE CHAMBER OF COMMERCE & VISI 12/20/19 18,384.00 OCT'19 HMB BID OCT'19 HMB OUT-OF-CITY BI047104 4267 IMPEC GROUP, INC. 12/20/19 17,357.25 NOV'19 JANITORIAL SERVICES 047105 3085 SHUTE, MIHALY & WEINBERGER LLP 12/20/19 45,014.36 OCT'19 LEGAL SERVICES -------------- Total 221,172.94


E&l1O(10U(s0p16.67h8.5v0s0b0T&l2E&l60F&l6CCity of Half Moon Bay Jan Final Disbursement List. Check Date 12/28/19, Due Date 02/03/20, Discount Date 02/04/20. Computer Checks.Bank BA WELLSFARGO GENERAL CHECKING ------------------------------------------------------------------------------------------------------------------------------------ MICR Vendor Check CheckCheck# Number Payee Date Amount Description------------------------------------------------------------------------------------------------------------------------------------122819 3923 WELLS FARGO PAYMENT REMITTANCE CENTER 12/28/19 4,036.55 DEC'19 VISA PAYMENT JESSICA 122819 3923 WELLS FARGO PAYMENT REMITTANCE CENTER 12/28/19 178.22 NOV'19 VISA PAYMENT MATTHEW 122819 3923 WELLS FARGO PAYMENT REMITTANCE CENTER 12/28/19 3,557.46 NOV'19 VISA PAYMENT EDDIE 122819 3923 WELLS FARGO PAYMENT REMITTANCE CENTER 12/28/19 315.07 DEC'19 VISA PAYMENT CDD 122819 3923 WELLS FARGO PAYMENT REMITTANCE CENTER 12/28/19 2,720.59 DEC'19 VISA PAYMENT TODD 122819 3923 WELLS FARGO PAYMENT REMITTANCE CENTER 12/28/19 2,964.72 NOV'19 VISA PAYMENT-FINANCE 122819 3923 WELLS FARGO PAYMENT REMITTANCE CENTER 12/28/19 179.96 NOV'19 VISA PAYMENT CITY MGR 122819 3923 WELLS FARGO PAYMENT REMITTANCE CENTER 12/28/19 4,199.36 DEC'19 VISA PAYMENT CITY CLERK 122819 3923 WELLS FARGO PAYMENT REMITTANCE CENTER 12/28/19 340.51 DEC'19 VISA PAYMENT PW 122819 3923 WELLS FARGO PAYMENT REMITTANCE CENTER 12/28/19 253.60 DEC'19 VISA PAYMENT JOHN -------------- Total 18,746.04

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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager FROM: John Doughty, Public Works Director Maz Bozorginia, City Engineer Brian Lee, Senior Project Manager TITLE: FINAL ACCEPTANCE OF THE HIGHWAY 1/KELLY AVENUE STORM DRAINAGE

IMPROVEMENT PROJECT (CIP PROJECT NO. 9003) ______________________________________________________________________________ RECOMMENDATION: Adopt a resolution, accepting the Highway 1/Kelly Avenue Storm Drainage Improvement Project (CIP Project No. 9003) and authorizing the City Manager or their designee to file a Notice of Completion for the Project, and release the retention funds and bonds thirty (30) days after recordation of the Notice of Completion. FISCAL IMPACT: There is no fiscal impact to this action. The total cost of the project is $653,661.89, which is below the construction budget of $656,516.11. The table below shows the breakdown of expenditures:

Contract Amount

Half Moon Bay Grading & Paving $ 576,284.68

Waste Management $ 77,377.21

Total $ 653,661.89

STRATEGIC ELEMENT: This action supports the Infrastructure and Environment & Healthy Communities and Public Safety Elements of the Strategic Plan. BACKGROUND: On February 19, 2019, the City Council awarded a construction contract to Half Moon Bay Grading and Paving of Half Moon Bay, California for the Highway 1/Kelly Avenue Storm Drainage Improvement Project based on their low and responsive bid of $504,753.11, and a contingency of 15% or $76,763. In addition, City Council approved awarding a contract for transporting and

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disposal of Class I Non-RCRA waste to Waste Management in the amount of $75,000. Therefore, the total construction budget was established at $656,516.11. DISCUSSION: This project has greatly reduced the flooding that previously occurred due to storm water draining to the west beneath Highway 1 and onto Kelly Avenue impacting private homes and the Cabrillo Unified School District Offices. The storm drain improvements will redirect the storm water to Pilarcitos Creek on the northeastern side of Highway 1, north of Kelly Avenue. The recent rains have shown that the improved redirected storm drainage is working and that no flooding has occurred on Kelly Avenue west of Highway 1. During construction, it was discovered that there was an underground PG&E gas line and AT&T communication lines that were in conflict with the new proposed storm drain lines. After discussions with PG&E and AT&T proved unsuccessful in asking them to relocate their facilities in a timely manner, the City had the design revised which resulted in construction changes. These changes and bid quantity item adjustments amounted to an increase of $71,531.57, which is within the approved 15% construction contingency. During the design and investigation of the site, it was found that the top 2-3 feet of soil was contaminated with lead and needed to be disposed at a Class I landfill. There were only two Class I waste disposal sites in northern California and one firm that could transport the material out of State. Staff requested and received proposals from the 3 firms and the City received the lowest proposal from Waste Management ($114.35/ton). Due to the extra excavation required to grade the site, an additional 20.79 tons of Class I material was required to be transported and disposed to Waste Management’s facility in Kettleman Hills. This represents an increase of $2,377.21, which is also within the approved project construction contingency. ATTACHMENTS:

1. Resolution

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Resolution No. C-2020-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY TO ACCEPT THE COMPLETION OF THE HIGHWAY 1/KELLY AVENUE STORM DRAINAGE

IMPROVEMENT PROJECT AND AUTHORIZE FILING A NOTICE OF COMPLETION WITH SAN MATEO COUNTY

WHEREAS, the City Council awarded a construction contract for the Kelly Avenue at State Highway 1 Storm Drainage Improvements Project (Storm Drain Master Plan Implementation Program 563) to the lowest responsive and responsible bidder, Half Moon Bay Grading and Paving, Inc. of Half Moon Bay, CA in the total bid amount of $504,753.11 on February 19, 2019; and; and

WHEREAS, the Contractor has successfully completed all improvements in compliance with the contract documents for a total amount of $576,284.68; and

WHEREAS, the waste hauler completed the removal of Class I contaminated soils (lead) for a total amount of $77,377.21; and

WHEREAS, the construction was completed on January 6, 2020;

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay

hereby accepts the Highway 1/Kelly Avenue Storm Drainage Improvement Project (CIP Project No. 9003), authorizing the City Manager or their designee to file a Notice of Completion for the Project, and release the retention funds and bonds thirty (30) days after recordation of the Notice of Completion with the San Mateo County Recorder’s Office.

***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 21st day of January 2020 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

ATTEST: APPROVED: ___________________________ _____________________________ Jessica Blair, City Clerk Adam Eisen, Mayor

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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager FROM: John Doughty, Public Works Director

Maz Bozorginia, City Engineer Denice Hutten, Associate Civil Engineer TITLE: FINAL ACCEPTANCE OF THE 2019 SEWER POINT REPAIR PROJECT (CIP NO. 506) ______________________________________________________________________________ RECOMMENDATION: By resolution, authorize the City Manager or their designee to file a Notice of Completion for the 2019 Sewer Point Repair Project (Project), release the project retention funds, and release the Project Performance Bond and Labor and Materials Bond thirty (30) days after recordation of the Notice of Completion. FISCAL IMPACT: The approved contract award is $274,147. Authorized contingency funds provide a total amount of $315,269 for the Project. The total cost of the Project was $315,210.57. There are sufficient funds in the 2018-19 Capital Project Budget (CIP Project No. 506) to cover the cost of the project. STRATEGIC ELEMENT: This action supports the Infrastructure and Environment, Healthy Communities and Public Safety Elements of the adopted Strategic Plan. BACKGROUND: On April 16, 2019, by Resolution C-2019-32, the City Council awarded a construction contract to Andreini Brothers, Inc. of Half Moon Bay, California, in the amount of $274,147 for sewer point repairs at locations City-wide. Resolution C-2019-32 also authorized project contingency funding in the amount of 15% ($41,122) of the contract award. The project primarily targeted locations identified by Closed Circuit Television (CCTV) as locations of infiltration into the sewer collection system. Other project repairs included replacement of intruding lateral connections. Over 45 locations were repaired by the Project. The Contractor has completed the work to the satisfaction of the City Engineer and has provided a one-year warranty bond for the work.

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DISCUSSION: This project is complete. The one-year warranty bond is adequate to ensure the work products perform as expected. Staff recommends City Council authorize the City Manager or his designee to file a Notice of Completion, release the Project retention funds and release the Performance and Labor and Materials Bonds thirty (30) days after recordation of the Notice of Completion. ATTACHMENT:

- Resolution

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO FILE A NOTICE OF COMPLETION FOR THE 2019 SEWER POINT REPAIR PROJECT (PROJECT), RELEASE THE PROJECT RETENTION FUNDS AND RELEASE THE PROJECT PERFORMANCE AND LABOR AND MATERIALS BONDS THIRTY (30) DAYS AFTER

RECORDATION OF THE NOTICE OF COMPLETION

WHEREAS, on April 16, 2019 the City Council adopted Resolution C-2019-32 to award a construction contract for CIP No. 506, the “2019 Sewer Point Repair Project” (Project) to Andreini Brothers, Inc., in the amount of $274,147; and

WHEREAS, Resolution C-2019-32 also authorized contingency funding in the amount of

15% ($41,122) of the contract award for the Project; and WHEREAS, the Contractor has completed all improvements in compliance with the

contract documents for a total amount of $315,210.57; and WHEREAS, the Contractor has provided a one-year maintenance bond for the work

executed under the construction contract;

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby authorizes the City Manager or his designee to accept the 2019 Sewer Point Repair Project as complete and file a Notice of Completion, and also authorizes staff to release the Project retention funds and release the Performance and Labor and Material Bonds thirty (30) days after recordation of the Notice of Completion.






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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager FROM: Jessica Blair, Communications Director / City Clerk TITLE: RESOLUTION SUPPORTING EQUITY IN PROFESSIONAL SPORTS COMPETITIONS

WITHIN THE CITY ______________________________________________________________________________ RECOMMENDATION: Adopt a resolution supporting equity in professional sports competitions within the city. FISCAL IMPACT: There is no fiscal impact associated with this action. STRATEGIC ELEMENT: This recommendation supports the Inclusive Governance Element of the Strategic Plan. DISCUSSION: In 2019, the California Legislature passed AB 467 which requires any competitive event that provides prize compensation in gendered categories to award identical compensation in each gendered category for events held on State property under the jurisdiction of the State Lands Commission, the Coastal Commission, State Parks, or the Department of Transportation. In line with that legislation, the City Council expressed support in adopting a resolution stating that the City of Half Moon supports equal access and identical prize compensation for all athletes in all sports competitions held within Half Moon Bay and desires to make such a condition of a permit for any event that awards prize compensation to competitors in gendered categories. ATTACHMENTS: Resolution

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY SUPPORTING EQUITY IN PROFESSIONAL SPORTS COMPETITIONS HELD WITHIN THE CITY

WHEREAS, discrimination on the basis of gender persists in professional, collegiate-level, and recreational sports of all kinds, including those that hold competitions on or otherwise utilize public venues and public resources; and WHEREAS, this discrimination manifests in terms of inclusion on teams and in competitions, access to facilities, resources, competition time, media coverage, and unequal pay; and WHEREAS, many sports events are held on public lands, waters, and roadways, including surfing, cycling, running, and windsurfing; and WHEREAS, California nondiscrimination law is clear that discrimination is prohibited on the basis of gender in public accommodations and in state and local programs and activities funded by public resources; and WHEREAS, athletes of all genders should have equal opportunity to compete, thrive, and reach their maximum potential, particularly at the professional level; and WHEREAS, Half Moon Bay has jurisdiction to issue permits for events open to the public, including sports events; and WHEREAS, in 2019, the California Legislature passed AB 467 which requires any competitive event that provides prize compensation in gendered categories to award identical compensation in each gendered category for events held on State property under the jurisdiction of the State Lands Commission, the Coastal Commission, State Parks, or the Department of Transportation. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay supports equal access for all athletes in all sports competitions held solely on land, property, or facilities within Half Moon Bay and declares that for any event that awards prize compensation to competitors in gendered categories, the City shall require as a condition of a special event permit that, for any participant level that receives prize compensation, the prize compensation for each gendered category be identical at each participant level.

BE IT FURTHER RESOLVED that the City Manager transmits copies of this resolution to

the Governor of the State of California, the Speaker of the California State Assembly, and the President pro Tempore of the California State Senate.

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***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 21st day of January 2020 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ABSTAIN, Councilmembers: ATTEST: APPROVED: ___________________________ _____________________________ Jessica Blair, City Clerk Adam Eisen, Mayor

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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager FROM: Jessica Blair, Communications Director / City Clerk TITLE: MAYOR’S LIST OF CITY COUNCIL REPRESENTATIVES AND DESIGNATED

ASSIGNMENTS FOR 2020 ______________________________________________________________________________ RECOMMENDATION: Accept Mayor Eisen’s List of City Council Representatives and Designated Assignments for 2020. FISCAL IMPACT: There is no fiscal impact associated with this action. STRATEGIC ELEMENT: This recommendation supports the Inclusive Governance Element of the Strategic Plan. ATTACHMENTS: Mayor’s List of City Council Representatives and Designated Assignments for 2020

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Updated January 21, 2020

CITY COUNCIL ASSIGNMENTS 2020

A. Council Subcommittees

Subcommittee Designated Representative Meeting Schedule

CSFA Grant Selection Ruddock / Brownstone As designated

Education Eisen / Brownstone As designated

Emergency Preparedness Penrose / Rarback As designated

Finance Ruddock / Eisen As designated

Human Resources Rarback / Brownstone As designated

Legislative Affairs Ruddock / Brownstone As designated

Mobility Penrose / Eisen As designated

B. City and Interagency

Organization Designated Representative Meeting Schedule

ABAG (Association of Bay Area Governments)

Ruddock / Rarback Annual, 1 day

C/CAG (County/City Assoc. of Governments)

Ruddock / Rarback 2nd Thursday evenings

Chamber Government Affairs Committee

Rarback / Eisen 3rd Thursdays 4:00 p.m.

Council of Cities Selection Committee Eisen / Brownstone 4th Friday evenings

League of CA Cities – Coastal Cities Issue Group

Rarback / Ruddock Quarterly, as designated

League of CA Cities – Coastal Cities Group – Leadership Committee

Rarback (appointment by LOCC) As designated

League of CA Cities – Peninsula Division Brownstone / Ruddock Quarterly, as designated

Peninsula Clean Energy Authority Rarback / Eisen 4th Thursday

Peninsula Congestion Relief Alliance Brownstone / Rarback Quarterly, as designated

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Updated January 21, 2020

SAM (Sewer Authority Mid-Coastside) Penrose / Ruddock Alt: Rarback / Eisen

4th Monday 7pm

SMCo Airport Community Roundtable Rarback / Eisen 1st alt Wednesday 7 p.m.

SMCo Airport Land Use Committee Eisen / Brownstone Quarterly, 4th Wednesday 4:00 pm

SMCo Council of Cities All 4th Friday evenings

SMCo Library JPA Eisen / Ruddock Quarterly, Monday evening

SMCo Office of Emergency Services Penrose / Brownstone Quarterly, 4th Thursday evening

C. Council Liaisons

Organization / Ad Hoc Committee Designated Representative Meeting Schedule

Arts, Culture, and Events Penrose / Ruddock As designated

Beaches, Trails, and Parks Ruddock / Eisen As designated

Board of Supervisors Rarback 2nd/4th Tuesdays, 9:00 am

Cannabis Ruddock / Brownstone As designated

Chamber of Commerce / BID Eisen As designated

Homeless Rarback / Penrose As designated

Housing and Human Services Penrose / Ruddock As designated

Mid-Coast Community Council Rarback / Brownstone As designated

Permit Streamline Process Penrose / Ruddock As designated

Schools, Boys & Girls Club Brownstone / Eisen As designated

Technology and Economic Develop. Eisen / Brownstone As designated

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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager FROM: Matthew Chidester, Deputy City Manager

Victor Gaitan, Management Analyst TITLE: CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 3.300 “MINIMUM

WAGE” TO THE HALF MOON BAY MUNICIPAL CODE ______________________________________________________________________________ RECOMMENDATION: Conduct a public hearing, waive the first reading, and introduce an ordinance adding Chapter 3.300 “Minimum Wage” to the Half Moon Bay Municipal Code, establishing a minimum wage of $15 per hour for all employers effective July 1, 2020. FISCAL IMPACT: Staff estimates the annual fiscal impact of $40,000 to account for the administration, outreach, and enforcement of the ordinance. These costs include administrative staff time and any staff or contracted support that may be necessary for enforcement. Funding would come from the general fund. STRATEGIC ELEMENT: This action supports the Fiscal Sustainability and Inclusive Governance elements of the Strategic Plan. BACKGROUND: In March 2019, the City Council made exploring the establishment of a local minimum wage one of their five priorities for FY 2019-20. Following this direction, staff compiled research about the effects of local minimum wage ordinances on other cities and conducted outreach to local businesses and stakeholders to collect feedback on the proposed policies. Federal, State, and Local Minimum Wages The minimum wage established by Federal, State and local government law sets the lowest wage an employer legally may pay to workers. The highest of any of these laws prevails. The Federal minimum wage for covered nonexempt employees has been set at $7.25 per hour since 2009. In 2016, the California Governor signed legislation (SB 3, Leno) which raises California’s minimum wage to $15 per hour by January 1, 2022 for employers with 26 employees or more and January

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1, 2023 for employers with 25 employees or less. After January 1, 2023, future wage increases will be tied to changes in the Consumer Price Index (CPI), up to 3.5% per year. The Governor may suspend minimum wage increases during economic downturns. The increased minimum wage levels are applied uniformly across the state. The law also maintains existing exemptions in the minimum wage law.

State of California Minimum Wage

Effective Date

Employers w/ 25 Employees or Less

Employers w/ 26 Employees or More

January 1, 2016 $10.00 $10.00

January 1, 2017 $10.00 $10.50

January 1, 2018 $10.50 $11.00

January 1, 2019 $11.00 $12.00

January 1, 2020 $12.00 $13.00

January 1, 2021 $13.00 $14.00

January 1, 2022 $14.00 $15.00

January 1, 2023 $15.00 $15.00

January1, 2024 CPI CPI

Local governments retain the ability to adopt local minimum wage ordinances. Such ordinances can increase the minimum wage more rapidly than the statewide timeframe or can increase the minimum wage beyond the level set by the State. Currently, Half Moon Bay employers are subject to Federal and State minimum wage laws. Since the State’s law on minimum wage is higher than the Federal law, covered employers are required to pay the State’s minimum wage. Similarly, should the City enact a local minimum wage ordinance that is higher than State law, covered employers are required to pay the City’s minimum wage. Twenty-nine states and the District of Columbia have wages higher than the federal minimum of $7.25 per hour. As of October 2019, forty-nine local agencies (cities and counties) across the country had enacted a local minimum wage ordinance. Nineteen of the forty-nine agencies are cities located in the Bay Area. Currently, there are six cities in San Mateo County with adopted local minimum wage ordinances (San Mateo, Belmont, Redwood City, Daly City, Menlo Park, and South San Francisco). In addition to Half Moon Bay, the Cities of San Carlos and Burlingame are also currently considering adopting local minimum wage ordinances. Minimum Wage Studies As part of its research, staff reviewed half a dozen contemporary minimum wage studies. Collectively, these studies agreed that research on minimum wage impacts for employees and employers is outpacing policymaking, but that current data showed positive or neutral effects for employees receiving minimum wage increases.

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Outreach and Feedback During Fall of 2019, City staff conducted outreach to business owners and key stakeholder groups about the proposed increase to the local minimum wage in Half Moon Bay. Outreach included focus groups, roundtable meetings, one-on-one meetings, and a business stakeholder meeting that was advertised through a postcard that was mailed to every business registered in the City (approximately 550 businesses). In addition, the City established a dedicated webpage on the city’s website for the minimum wage initiative. Of the feedback received, several of the retail and professional businesses shared that they are already paying employees at least $15 and don’t feel that the local minimum wage ordinance would adversely affect them. Restaurants and Hotels expressed the greatest concern about having a significant increase in local minimum wage. Larger businesses expressed concerns about having their budgets already set for 2020, and needing more time to prepare for a significant change in wages. Overall, while some businesses who are already paying $15 or more per hour expressed support, the general feedback staff received from most businesses was of concern and asking for more time to prepare for any potential increase or for an incremental increase. Labor groups and service providers expressed support for increasing the minimum wage and the positive impacts higher wages would provide for workers and lower income families. December 17, 2019 Council Meeting Staff presented to the council on the research, outreach, and business feedback at the Council Meeting held on December 17, 2019 and proposed several options for council consideration. At that meeting, the City Council directed staff to prepare a draft ordinance that would establish a local minimum wage of $15 per hour for all employers effective July 1, 2020. In the weeks following the December 17 council meeting, City staff and Council Members received letters from Rocket Farms and the Half Moon Bay Coastside Chamber of Commerce expressing concerns about the effects the proposed increase would have on the agriculture community as well as concerns about the July 1, 2020 implementation having a more severe impact on local businesses. Additionally, a local group which includes staff from Rocket Farms and faculty members from UC Davis and Carnegie Mellon University is working on a plan to bring the Agricultural Excellence Institute to Half Moon Bay. They have concerns about the impacts of raising minimum wage on their plans and have provided information on the Institute for the public record. The letters and information on the Institute are attached to this report. DISCUSSION: Based on the direction staff received from the City Council at the December 17, 2019 meeting, staff drafted the attached ordinance for a first reading and Council review and consideration. In light of the concerns expressed in the letters from Rocket Farms and the Half Moon Bay Coastside Chamber of Commerce, the Council has the option to amend the ordinance. Regarding potential impacts on the agricultural community, staff was not able to identify any other jurisdiction that exempts farmworkers from its minimum wage ordinance. Most if not all

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minimum wage ordinances have been adopted in predominantly urban areas. Such an exemption for farmworkers has the potential to raise legal and policy issues. In Half Moon Bay, as in most parts of the state, an exemption for farmworkers would likely have a disparate impact on persons of color. Furthermore, exemptions in local minimum wage laws generally track equivalent exemptions in state law. State law does not provide an exemption for farmworkers. Rather, the Legislature has recently moved in the direction of extending protections to farmworkers that are held by other types of workers (such as overtime pay, meal and mandatory rest periods, and other Labor Code protections). Attachments:

A. Ordinance adding Chapter 3.300 “Minimum Wage” to the Half Moon Bay Municipal Code

B. Letter from Rocket Farms, dated January 7, 2020 C. Letter from Krystlyn Giedt, President/ CEO, Half Moon Bay Coastside Chamber of

Commerce, dated January 10, 2020 D. Information from the Agricultural Excellence Institute dated December 9, 2019

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ORDINANCE NO. 2020-XXXX

AN ORDINANCE OF THE CITY OF HALF MOON BAY, CALIFORNIA ADDING CHAPTER 3.300 “MINIMUM WAGE” TO TITLE 3 OF THE HALF MOON BAY MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF HALF MOON BAY DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows:

(a) The State of California has enacted a minimum wage that will reach $15.00 per hour

for all Employers in January of 2023; and

(b) In an effort to help working households achieve economic security and acknowledging the higher relative cost of living in San Mateo County, the City Council wishes to enact a citywide minimum wage that reaches $15.00 per hour before 2023; and

(c) A higher minimum wage rate protects public health, safety, and welfare by enabling employees to meet basic needs and avoid economic hardship; and

(d) The City of Half Moon Bay may adopt a higher minimum wage pursuant to the powers vested in the City under the laws and Constitution of the State of California including but not limited to the police powers vested in the City pursuant to Article XI, Section 7, of the California Constitution; and

(e) The purpose and intent of this Ordinance is to adopt a new chapter 3.300 to Title 3 of the City of Half Moon Bay Municipal Code to provide a minimum wage of $15.00 per hour starting on July 1, 2020 for all employers and increases annually by the consumer price index (CPI); and

(f) The City Council hereby finds that the proposed Ordinance is in the public interest; Section 2. Municipal Code Amendment “Minimum Wage”. New chapter 3.300 “Minimum Wage” of the Half Moon Bay Municipal Code is adopted as set forth in Attachment A. Attachment A of this Ordinance is incorporated herein in its entirety.

Section 3. Severability. If any section, 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. The City Council herby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

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Section 4. CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations) Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change in the environment, directly or indirectly; it prevents changes in the environment. Further, this action is exempt from CEQA under CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). Section 5. Publication. The City Clerk shall publish a summary of this Ordinance in a newspaper of general circulation for the City of Half Moon Bay within fifteen days after its adoption. Section 6. Effective date. This ordinance shall take effect 30 days after adoption. INTRODUCED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 21st of January 2020.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the ___ day of________2020, by the following vote: Ayes, Councilmembers: Noes, Councilmembers: Absent, Councilmembers: Abstain, Councilmembers:

ATTEST: APPROVED: ________________________________ ______________________________ Jessica Blair, City Clerk Adam Eisen, Mayor

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Attachment A

Chapter 3.300 MINIMUM WAGE

Sections:

3.300.010 Title

3.300.020 Definitions

3.300.030 Minimum Wage

3.300.040 Exempt Organizations

3.300.050 Notice, Posting and Payroll Records

3.300.060 Retaliation Prohibited

3.300.070 Implementation

3.300.080 Enforcement

3.300.090 Waiver Through Collective Bargaining

3.300.100 Federal or State Funding

3.300.010 Title

This chapter shall be known at the “Minimum Wage Ordinance”

3.300.020 Definitions

The following words and phrases shall have the meanings set forth below when used in this Chapter. The singular shall include the plural, and the plural shall include the singular.

a. “Calendar Week” shall mean a period of seven consecutive days starting on Sunday.

b. “City” shall mean the City of Half Moon Bay

c. “Employee” shall mean any person who

1. In a calendar week performs at least two (2) hours of work for any Employer (as defined below); and

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2. Qualifies as an employee entitled to payment of a minimum wage from any Employer under the California minimum wage law, as provided under Sec. 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission. Employees shall include learners, as defined by the California Industrial Welfare Commission.

d. “Employer” shall mean any person, including corporate officers or executives, as defined in Sec. 18 of the California Labor Code, who directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency, or similar entity, employs or exercises control over the wages, hours, or working conditions of any employee and who is either subject to the City’s business license requirements, or maintains a business facility in the City.

e. “Learner” shall mean an employee who is a Learner as defined by California Welfare Commission Order No. 4-2001.

f. “Minimum Wage” shall mean the minimum wage set forth in Section 3.300.030 of this chapter.

3.300.030 Minimum Wage

a. Employers shall pay Employees no less than the minimum wage set forth in this Chapter for each hour worked within the geographic boundaries of the City.

b. On July 1, 2020, the Minimum Wage shall be an hourly rate of fifteen dollars ($15.00). To prevent inflation from eroding its value, beginning on January 1, 2021, and each year thereafter, the Minimum Wage shall increase by an amount corresponding to the prior year’s increase, if any, in the cost of living. The increase in the cost of living for any year shall be measured by the percentage increase, if any, in the Consumer Price Index for San Francisco-Oakland-San Jose (or its successor index) as published by the U.S. Department of Labor or its successor agency (CPI). The increase shall be calculated by using the August to August change in the CPI. A decrease in the CPI shall not result in a decrease in the minimum wage.

c. An Employee, who is a Learner shall be paid no less than eighty-five percent (85%) of the applicable Minimum Wage for the first 160 hours of employment. Thereafter, the Employee shall be paid the applicable Minimum Wage.

d. An Employer may not deduct an amount from wages due an Employee on account of any tip or gratuity, or credit the amount or any part thereof, of a tip or gratuity, against, or as part of, the wages due the Employee from the Employer.

e. No Employer may fund increases in compensation required by this Chapter, nor otherwise respond to the requirements of this Chapter, by reducing the wage rate paid to an Employee, nor by increasing charges to them for parking, meals, uniforms, or

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other items, nor by reducing the citation or other non-wage benefits of any such Employee, nor by increasing the share any Employee pays towards their benefits, except to the extent such prohibition would be pre-empted by the Federal Employee Retirement Income Security Act .

f. A violation for unlawfully failing to pay the Minimum Wage shall be deemed to continue from the date immediately following the date that the wages were due and payable as part 1 (commencing section 200) of Division 2 of the California Labor Code, to the date immediately preceding the date the wages are paid in full.

3.300.040 Exempt Organizations

State, Federal, and County agencies, including school districts, shall not be required to pay minimum wage when the work performed is related to their governmental function. However, for work that is not related to their governmental function, including but not limited to: booster or gift shops, non-k-12 cafeterias, on-site concessions, and similar operations, minimum wage shall be required to be paid. Minimum wage shall also be required to be paid by lessees or renters of facilities or space from an exempt organization.

3.300.050 Notice, Posting and Payroll Records

a. By April 1, 2020, the City shall publish and make available to Employers a bulletin announcing the minimum wage rate, to take effect on July 1, 2020. By May 1, 2020, the City shall publish and make available to Employers a notice suitable for posting in the workplace informing Employees of the Minimum Wage rate and of their rights under this Chapter.

b. By November 1, 2020, the City shall publish and make available to Employers a bulletin announcing the adjusted minimum wage rate, to take effect January 1 of the following year. In conjunction with this bulletin, the City shall, by November 1 of each year, publish and make available to employers a notice suitable for posting by employers in the workplace informing employees of the current minimum wage rate and of their rights under this Chapter.

c. Every Employer shall post in a conspicuous place at any workplace or job site where any Employee works the notice published each year by the City informing Employees of the current Minimum Wage rate and of their rights under this Chapter. Failure to post such notice shall constitute a violation of this Chapter.

d. Employers shall retain payroll records pertaining to Employees for a period of three (3) years, and shall allow the City access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Chapter. Where an Employer does not maintain or retain adequate records documenting wages paid or does not allow the City reasonable access to such records, the Employee’s

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account of how much he or she was paid shall be presumed to be accurate, absent clear and convincing evidence otherwise.

3.300.060 Retaliation Prohibited

a. An Employer shall not discharge, reduce the compensation or otherwise retaliate against any Employee for making a complaint to the City, participating in any of the City’s proceedings, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights under this chapter.

b. Taking adverse action against a person within ninety (90) days of the person’s exercise of rights protected under this Chapter shall raise a rebuttable presumption of having done so in retaliation of such rights.

3.300.070 Implementation

The City may promulgate regulations for the implementation and enforcement of this Chapter, including procedures for the fair, efficient, and cost-effective implementation of this Chapter, for informing Employees of their rights under this Chapter, for monitoring Employer compliance with this Chapter, and for providing administrative hearings or determining whether an Employer has violated the requirements of this Chapter.

3.300.080 Enforcement

a. Where prompt compliance is not forthcoming, the City shall take any appropriate enforcement action to secure compliance. In addition to all other civil remedies, the City may enforce this ordinance pursuant to Half Moon Bay Municipal Code. To secure compliance, the City may use the following enforcement measures:

1. The City may issue an administrative citation with a fine of not more than fifty dollars ($50) for each day or portion thereof and for each Employee or person as to whom the violation occurred or continued.

2. The City may issue an administrative compliance order.

3. The City may initiate a civil action for injunctive relief and damages and civil penalties in a court of competent jurisdiction.

b. Any person aggrieved by a violation of this chapter, any entity a member of which is aggrieved by a violation of this Chapter, or any other person or entity acting on behalf of the public as provided for under applicable state law may bring a civil action in a court of competent jurisdiction against the Employer or other person violating this Chapter and, upon prevailing, shall be awarded reasonable attorneys’ fees and costs and shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, the payment of any back wages unlawfully withheld, the payment of an additional sum as a civil penalty in the amount of fifty dollars ($50) to

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each Employee or person whose rights under this Chapter were violated for each day that the violation occurred or continued, reinstatement in employment, and/or injunctive relief; provided, however, that any person or entity enforcing this Chapter on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive or restitutionary relief to Employees and reasonable attorneys’ fees and costs.

c. This section shall not be construed to limit an Employee’s right to bring legal action for a violation of any other laws concerning wages, hours, or other standards or rights, nor shall exhaustion of remedies under this Chapter be a prerequisite to the assertion of any right.

d. Except where prohibited by state or federal law, City agencies or departments may revoke or suspend any registration certificates, permits, or licenses held or requested by the Employer until such time as the violation is remedied.

e. Relief. The remedies for violation of this Chapter include, but are not limited to:

1. Reinstatement, and the payment of back wages unlawfully withheld, and the payment of an additional sum as a civil penalty in the amount of fifty dollars ($50) to each Employee or person whose rights under this Chapter were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this code or State law.

2. Interest on all due and unpaid wages at the rate of interest specified in subdivision (b) of Sec. 3289 of the California Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Sec. 200) of Division 2 of the California Labor Code, to the date the wages are paid in full.

3. Reimbursement of the City’s administrative costs of enforcement and reasonable attorney’s fees.

f. Posted Notice. If a repeated violation of this chapter has been finally determined, the City may require the Employer to post public notice of the Employer’s failure to comply in a form determined by the City.

3.300.090 Waiver Through Collective Bargaining

All or any portion of the applicable requirements of this Chapter may be waived in a bona fide collective bargaining agreement, provided such waiver is explicitly set forth in such agreement in clear and unambiguous terms and provided that the waiver may not be applied retroactively. The waiver allowed by this provision does not apply to Employees in the property services industry (e.g. janitors, landscapers, groundskeepers, and security guards).

3.300.100 Federal or State Funding 33

This Chapter will not be applied to the extent it will cause the loss of any federal or state funding of City activities.

3.300.110 No Pre-Emption of Higher Standards

This Chapter provides for payment of local minimum wage and shall not be construed to preempt or otherwise limit or affect the applicability of any other law, regulation, requirement, policy, or standard that provides for payment of higher or supplemental wages or benefits, or that extends other protections This Chapter shall not be construed to limit a discharged Employee’s right to bring a common law cause of action for wrongful termination.

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ROCKET FARMS, INC.

2651 Cabrillo Hwy North, Half Moon Bay, CA 94019 www.rocketfarms.com

January 7, 2020 Honorable Mayor and Half Moon Bay City Council: I am writing in response to your proposed local minimum wage increase to $15/hour, effective July 1, 2020. Rocket Farms and its predecessor, Nurserymen’s Exchange, have been part of the Half Moon Bay community for close to 50 years. In connection with the City Council’s consideration of the recent cannabis initiative we tried to develop a closer and transparent relationship with the City Council and its residents. Rocket Farms has always had an open-door policy to Half Moon Bay local government over the years and we have met with several of the Council members and residents here at our nursery. We were surprised, given these relationships, that we did not receive any notice of the proposed minimum wage ordinance until we read about it in the Half Moon Bay Review, on December 26, 2019. Indeed, if there was an attempt to reach out to local business owners, it is unclear to us why we were not on that list particularly since we employ a large number of people. This ordinance will have a tremendous negative impact on our Company. Our understanding is that the Council and residents are interested in retaining agriculture in Half Moon Bay. Further, when Bay City Flower Company decided to close its doors due to the high cost of doing business and the erosion of their profit margins, we received communication from Council members regarding hiring people that would be laid off to ensure agriculture maintained a strong presence in Half Moon Bay. Unfortunately, we believe this ordinance will further the struggle for continued agriculture business within Half Moon Bay city limits. If agriculture cannot survive in Half Moon Bay a long and beautiful industry will come to an end and change the community forever. We agree with the overall community support for a minimum wage increase. However, I am requesting to delay implementation of the local increase and, instead, follow the schedule of California legislation SB 3, with incremental increases over the next two years. Here are some of the challenges that we face if this ordinance passes:

1. Rocket Farms is the market leader in horticultural and living foods products in the marketplace. While the cost of doing business in California is relatively expensive, we pride ourselves of delivering premium products and services to our customers and consumers. California’s current minimum wage is already 79% higher than the federal minimum wage. This proposed local increase, with a 6-month lead time, will push us 107% higher than what our competition pays nationwide.

2. Our business cycle operates 12-18 months in advance, and we have secured commitments from suppliers and customers well into the third quarter of 2021. We have built budgets based on the California State minimum wage and the subsequent schedule

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ROCKET FARMS, INC.

2651 Cabrillo Hwy North, Half Moon Bay, CA 94019 www.rocketfarms.com

of increases over the next 2 years. We would realize a significant negative impact to our business if this local minimum wage increase were implemented before 2022. Annually, this represents:

a. 560,000 hours accumulated by hourly manufacturing and office employees b. A 15% increase in planned labor costs

3. As one of the larger employers in Half Moon Bay, this increase would have the greatest

impact on Farm Labor Contractors (FLC), who are transported daily into Half Moon Bay from the Salinas and other geographic areas. These FLC’s do not live in Half Moon Bay and therefore will not spend their increase locally, nor, will this proposed increase make it affordable to move to Half Moon Bay. Half Moon Bay would not realize the anticipated localized commercial gain through this proposed increase. Annually, this represents:

a. 150 to 550 FLC hourly employees transported into Half Moon Bay throughout the year

b. About 50 hourly Rocket Farms employees, reside in/around Half Moon Bay. These employees already hold mid-level operations and office positions, and would not realize a wage increase from the proposed local increase.

Rocket Farms is concerned about the future of agriculture and of our company in Half Moon Bay. Until reading this proposed ordinance, we have been excited about the future of agriculture and horticulture in California, and have been working with local leaders to develop new innovations that further promote the industry and allow us to continue leading the way. As a follow up, I am requesting a private meeting with you as soon as possible, to discuss further details and expected impact, before the January 21 City Council meeting. I look forward to working with you on this major decision. Sincerely, Nick Bavaro President & COO

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1

Matthew Chidester

From: Krystlyn Giedt <[email protected]>Sent: Friday, January 10, 2020 4:42 PMTo: Adam Eisen; Deborah Penrose; Debbie Ruddock; Harvey Rarback; Robert Brownstone; Matthew

Chidester; Bob NisbetSubject: Rocket Farms & Minimum Wage Issues : Trying to Avoid Closures

Hello City Folks!! I'm sure you have already heard from Rocket Farms yourselves, but just in case, I thought it prudent to let you know about the conversation I had with Nick and the concerns with a July Minimum Wage increase. First and foremost, I would like to reiterate what I mentioned at the last Council meeting that no business has expressed to the Chamber an unwillingness to meet a $15/hour minimum wage, given enough lead time to prepare for it. Our business community, as a whole, are striving to do the best for their employees and are not greedy jerks who are trying to get rich at the expense of those who work for them. It has been truly heart‐warming to hear many stories of business owners doing their best to survive which include multiple instances of owners going into debt by taking on loans or by not taking a paycheck themselves in order to pay employees first. The only issue the Chamber has heard from our local businesses, deals with the timing of the proposed July wage increase and the negative toll it will take on them in such a short amount of time. All of our businesses have been prepared for and on track with the State's wage implementation strategy. I think it's worth noting that many of our businesses are still trying to recover from the major financial hits they took in October with the PG&E outages. The median hit was $15,000 for a business. Money issues are currently a bit more of a sore subject. I was able to have a very informative conversation with Nick of Rocket Farms the other day and he explained why Rocket Farms would be so adversely affected by the wage increase happening so soon. His perspective was very illuminating to me as it was not a perspective I had heard from any other business. One of the main reasons Rocket Farms thrives is their relationships with larger corporate retailers. One of the cornerstones of those relationships is Rocket Farms ability to negotiate the pricing of their flowers, 1 to 2 years in advance. This allows the retailers to budget accordingly and avoid surprises which in‐turn gives them a high‐level of trust in doing business with Rocket Farms. The 2020 pricing for Rocket Farms' major retailers has already been set with them and if they change them, there is a likelihood of losing key corporate retailers as clients. Losing those retailers is not a gamble Nick can take, so this would actually mean that a large unexpected payroll expense will hit them very hard as they cannot simply increase their sale prices to cover the cost. A very conservitive estimate of the minimum wage increase to Rocket Farms is an additional $500,000 of unexpected payroll costs. Half a million dollars is a lot to try and compensate for in a 6‐month span of time when your options for a revenue increase are very limited. During our conversation, Nick mentioned that to his knowledge, the people who work at Rocket Farms that live on the Coastside already make $15 per hour or more. The largest segment of their labor force, which are at minimum wage, are transported here from outside of our area, like Salinas. So although he complimented the Council for wanting to do what's best for our local residents, there is potential that this swift wage increase may result in Rocket Farms needing to severely diminish or cease operations here which would adversely affect the residents who work there. Ultimately, Nick, nor anyone else, wants to see Rocket Farms become the next major closure like Bay City Flowers. At this point, all of our top employers have vocalized that a $15/hour minimum wage increase going into effect this year will have a severe negative impact that will end up with a ripple down to the employees. Unfortunately, due to the current climate of instant social media outrage, backlash and condenment, the local businesses are afraid to come and

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speak publicly at the Council meeting about how the minimum wage increase would have negative impacts on them. They feel that the community will rush to label them as "greedy bad people who just don't want to pay more than they have to," and they will lose much needed local business. They are stuck between a rock and a hard place. Our businesses have had a hell of a time getting through 2019! If there is anyway to give them the opportunity to better prepare for a minimum wage increase it would be a welcomed show of support of the business community. We truly believe there is a way to find a happy middle to support the local workers and the businesses who employ them. As always, I truly appreciate your time and thoughtfulness on these issues. Krystlyn Giedt President & Chief Executive Optimist (CEO) Half Moon Bay Coastside Chamber of Commerce & Visitors' Bureau Office (650) 726-8380 : Cell (650) 479-6551 : Email [email protected] Want to meet? Me Too! Click here to add yourself to my calendar! - - - - - CONFIDENTIALITY NOTICE - - - - - This message (including any attachments) may contain confidential, proprietary, privileged and/or private information. The information is intended to be for the use of the individual or entity designated above. If you are not the intended recipient of this message, please notify the sender immediately, and delete the message and any attachments. Any disclosure, reproduction, distribution or other use of this message or any attachments by an individual or entity other than the intended recipient is prohibited.

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1

Agricultural Excellence Institute

(AEI)December 9, 2019

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2

National and Local Challenges

• We are losing the ability to feed ourselves

• Imports from Mexico and South America

• The U.S. is not sustainable if trend continues

• Farmers have difficult time maintaining economic viability

• Foreign competition

• Lack of farm workers

• Opportunity for innovation at global level

• Greenhouse and indoor production innovations to benefit

California growers selling products in international markets

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3

AEI Mission

• Develop best practices for commercially viable U.S. food farming

with focus on Controlled Environment Agriculture (CEA) technology

and efficient water and energy usage

• Perform continuing process improvement to these practices

through R&D and tracking of best practices world-wide

• Develop CEA farming system designs which define farming

capabilities that can be implemented world-wide

• Transfer these practices to other farmers and Ag industry through

hands-on education, training, and demonstrations

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4

AEI Operation• AEI dedicated to:

• CEA R&D

• CEA production farming and demonstrations

• Farm worker and student training

• Rocket Farms is the AEI’s integral, on-site farm for commercialization of

practices and technologies and for food production

• A portion of AEI’s facilities will be for AEI mission tasks, part will be for

Rocket Farms food production and commercialization tasks

• Long term contracts for food production at Rocket Farms and Associate

AEI farms

• Practice and technology transfers to other farmers

• Processes, technology, and equipment to reduce operating costs and

provide increased production and profits

• Students doing practical work on the farms to support their AEI

academic program and contribute to the farm’s labor force

• Designs for CEA farming systems which enable farming capabilities that

can be implemented world-wide

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5

Academic Plan

• Formal agreement between AEI and UC Davis, and working

relationships with Carnegie Mellon and Stanford Universities

• AEI to:

• Leverage UC Davis’ R&D efforts by contracting for funded

projects and providing scalability, feedback on results, and

transition of successful efforts to commercial practice

• Implement Carnegie Mellon and Stanford technologies as

needed by the UC Davis/AEI work

• Provide undergraduate degree work study experience

• Provide masters degree internships

• Provide training for farm workers in CEA tech farming and

provide user feedback to system designers

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6

Half Moon Bay (HMB), CA is Ideal

Location• Unique farming climate

• Existing greenhouse farming of

flowers

• Along Highway 1

• East along Rt 92

• South near Ritz-Carlton

• Farmers struggling due to flowers

from Mexico and South America

• Large food market in the San

Francisco Bay Area which is nearby

• Access to international markets

through SFO airport

• HMB is historically a farming town

• Part of Silicon Valley for technology

and world-class universities

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7

AEI’s Integral Farm: Rocket Farms

• Located North of HMB

• AEI site is the large area bounded by the housing area to the left (South) and

the greenhouses to the right (North)

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8

Initial Projects1. Vertical Soilless Organic Food Production

• This is an unsolved problem which will have very large impact

• Crops start in this facility then move to Greenhouse for maturation/harvest

• Professor, 2 post docs, 2 Ph.D. or MS students - $500K/yr

• Vertical Farming structure - $1.0M

• Robotics/system controls - $500K

2. Greenhouse of the Future

• State-of-the-art structure, sensors, data collection, robotics, control systems,

and decision support systems

• Professor, 4 post docs, 4 Ph.D. or MS students - $1.0M/yr

• Greenhouse structure and systems - $5M

3. Digital Agriculture

• This is an unsolved problem of analyzing large data sets and using results

effectively which will have very large impact

• Sensors, servers, IoT, processing the data, decision support

• Professor, 2 post docs, 2 Ph.D. or MS students - $500K/yr

• Systems - $500K (robotics portion included in project 1 above)

• Engineering shop to support projects 1 and 2 above - $500K/yr 46

9

Initial Projects

AFFORDABLE FARMHOUSING

GREENHOUSEOF THE FUTURE

VERTICALPRODUCTIONFACILITY

WELCOMECENTER

DIGITAL AGFACILITY

FRENCHMAN’S CREEK CURRENT SITE

FUTURE AGRICULTURAL EXCELLENCE INSTITUTE (AEI) SITE

P R O P O S E D C O N C E P T U A L S I T E - B E F O R E A N D A F T E R

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10

Estimated Funding Requirements• Note: rough estimate, after the AEI concept is refined by comments, an

associated plan and finances will be developed

• Funds are for a two year startup period to establish revenue from food

products and technology commercialization efforts

• Budget:

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11

Housing Collaboration with City of HMB

• A housing plan will be developed with HMB to house:

• Permanent farm workers needed for Rocket Farms and the

Associate Farms

• Students on the AEI campus and/or in housing within the City

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12

Key Team MembersCharles Kosmont. Charles is the Chairman of Rocket Farms and Executive Director of the

Agricultural Excellence Institute (AEI).

He has had a multi-faceted career primarily involved in managing and investing in agribusiness, food

and health related companies. He has managed a variety of entrepreneurial endeavors including

those involved in rapid growth, underperforming turn-around situations, and start-up companies.

He is Chairman and CEO of Monterey Peninsula Horticulture, Inc. (“MPH”), Salinas, CA. MPH. Through its three

wholly owned subsidiaries, Rocket Farms, Rocket Farms Herbs, and Growers Transplanting, MPH is: 1) one of the

largest greenhouse operators in the United States and the largest indoor ornamental potted plant company for products

such as orchids, 2) the largest vegetable and fruit seedling and transplanting technology company in the western United

States, and 3) a large western USA regional producer of fresh cut herbs for retail customers.

Charles is also the Chairman and co-CEO of Steven-Robert Originals LLC, a leading manufacturer of frozen desserts

located in Aurora, CO supplying large chain restaurants and retailers.

Previously, he was co-Founder and CEO of Next Pharmaceuticals. Next is a developer of patented ingredients from

plants used for self-care. He was also President of MET-Rx, a sport nutrition company and co-founder of Vestro Foods,

a publicly traded company that acquired and managed natural and specialty food companies.

After completing the Entrepreneur Program with honors and receiving his MBA from the Marshall School of Business at

the University of Southern California, Charles joined and later became a Partner of Princeton/Montrose Partners, a

venture capital fund focused on agribusiness, food and alternative energy technology investments and acquisitions.

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Heiner Lieth is the Coordinator for Technology Research and Training Programs of the Agricultural

Excellence Institute (AEI).

Heiner is a Professor and Extension Specialist at the Department of Plant Sciences in the University of

California Davis, College of Agricultural and Environmental Sciences He has served a range of

leadership roles at UCDavis and is currently the Scientific Director of the Controlled Environment Facility at UCDavis.

He graduated from the University of North Carolina with a B.S. in Mathematical Sciences. At North Carolina State

University he obtained M.S. a Ph.D. degrees for research on crop modeling and ecology. He worked at Texas A&M

University as post doc on cotton crop modelling.

His current research involves a wide range of plants for ornamental, medicinal, and food products, with specific focus

on production for positive ROI through use of leading edge technologies. Some specific interest areas:

• Production of plants in protected cultivation (greenhouse, indoor, and nursery) in soilless production (substrate

culture, liquid culture), irrigation and fertigation with recirculation

• Development of plant production techniques and optimization of production variables related to commercial crop

production (Light, temperature, CO2, …)

• Development of decision support tools for growers based on crop and plant models

• Production of plants in synergism with energy production (PV-Ag – plants under solar panels)

• Product testing as contract research of new products (pesticides, fertilizers, growth regulators, technology tools,

etc.) to quantify such tools’ benefits for growers.

Heiner has a passion for teaching students and training growers, particularly in relation to controlled environment

agriculture.

Key Team Members (Cont.)

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Key Team Members (Cont.)Nick is the President and Chief Operating Officer of Rocket Farms.

Nick was promoted to President and COO in November 2018. He has enjoyed a quick

trajectory through the company including his first role with Rocket Farms as an operations

consultant in February 2018 to his first position as COO in March 2018. As president and

COO, he provides leadership throughout all functions of the organization, including sales, marketing,

supply chain, horticulture and operations, while keeping a keen eye on the day-to-day business.

A few of Nick’s ongoing projects include:

• Improving operational efficiency of the organization to ensure Rocket Farms continues to lead the

way in an ever-evolving industry

• Partnering with the global breeders and growers to bring new products to market

• Enhancing sustainability practices to ensure the thoughtful and efficient use of our natural resources

• Expanding distribution channels to deliver Rocket Farms’ products to a broad range of markets and

customers across the nation

Nick has over 38 years of experience in viticulture and agriculture operations, as well as entrepreneurial

experience as owner of many of his own ag-tech and real estate development companies.

Nick is based in Half Moon Bay.

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Richard Martin. Dick is a Director of the Agricultural Excellence Institute (AEI).

Dick is an Adjunct Principal Systems Scientist (rank of non-tenured full professor) in the School of

Computer Science at Carnegie Mellon University as a faculty member of the Robotics Institute (RI).

He was a founding director of the Software Engineering Institute at Carnegie Mellon followed by Co-

Director of the Wearable Computer Lab where over 24 prototype wearable computer systems were developed. He also

founded Inmedius, Inc. as a Carnegie Mellon spin off and served over time as the Chairman of the Board, CEO, and

Chief Technology Officer. Inmedius was an international software company serving the defense and aerospace

industries with products and systems to support frontline workers in mission critical operations and maintenance of

complex systems, and in 2012 was acquired by The Boeing Company. Following Inmedius, Dick served over time as a

Director, CEO, and President of Ardica Technologies. Ardica is a spin off of Stanford University to use advanced fuel

cell technologies along with a breakthrough high energy density Alane (AlH3) fuel to meet the growing power needs of

mobile applications.

His current research interests are in the areas of energy and new hydrogen storage materials and improving human

performance using mobile computing, the authoring of advanced multi-media digital data, the display of that data on

mobile computers, the interaction of users with the mobile system, and Artificial Intelligence/Machine Learning (AI). He

has developed and deployed three AI applications for operations and maintenance of complex systems. He holds a

DoD Top Secret security clearance.

Prior to Carnegie Mellon, Dick was the founding Deputy Director for the Artificial Intelligence Program at

Microelectronics and Computer Technology Company (MCC), the first pre-competitive consortium of competing

computer companies in the U.S., which was formed to counter Japan’s Fifth Generation Computing initiative. Before

MCC, he served in key operational and technical positions in the Navy where he commanded the first F-14 Tomcat

squadron, was the Executive Officer of the nuclear-powered aircraft carrier NIMITZ on its first two deployments, and

was the first Commanding Officer of the nuclear-powered aircraft carrier CARL VINSON during construction and first

operational deployment during which time he reported directly to Admiral Rickover for nuclear power. He is a nuclear

power engineer and is a decorated fighter pilot with more than 100 combat missions and 660 carrier landings. He

received a B.S. from the U.S. Naval Academy where he stood first in the class in Electrical Engineering, and an M.S.

and Ph.D. in Mathematics from the University of California San Diego, except for dissertation, which was stopped by

Navy combat service.


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Coordinator for UC Davis Academic Programs

• Heiner Lieth, Professor UC Davis

Coordinator for UC Agriculture Technology Programs

• Heiner Lieth, Professor UC Davis

Coordinator for AEI Technology Commercialization Programs

• TBD


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AGENDA REPORT


TO: Honorable Mayor and City Council FROM: Jill Ekas, Community Development Director Sara Clark, Deputy City Attorney TITLE: ACCESSORY DWELLING UNITS ORDINANCE ______________________________________________________________________________ RECOMMENDATION: Conduct a public hearing, waive first reading, and introduce an ordinance amending portions of Chapter 18 (Zoning) of the Half Moon Bay Municipal Code relating to Accessory Dwelling Units. FISCAL IMPACT: The proposed amendments conform to State law and encourage development of accessory dwelling units. As proposed, impact fees will be charged on new ADUs larger than 750 square feet. Staff is also proposing to charge for the associated Measure D certificates to cover a portion of the City’s cost to process these applications. STRATEGIC ELEMENT: This action supports the Healthy Communities and Public Safety and Inclusive Governance Elements of the Strategic Plan. BACKGROUND: On September 4, 2018, the City Council adopted a revised accessory dwelling unit (ADU) ordinance (codified as Chapter 18.33 of the municipal code). The ordinance amendment was certified by the California Coastal Commission on December 12, 2018. Enabled by the 2018 ordinance, interest in and permit activity for ADUs was high in 2019. The City issued 26 Measure D certificates and 13 building permits for ADUs. In previous years, about 3 ADUs per year were in construction. Staff believes that the City’s current ordinance is working as intended, to encourage production of ADUs while mitigating potential neighborhood impacts. Nevertheless, the State enacted significant changes to Government Code section 65852.2 and related statutes in the 2019 legislative session. These changes are primarily aimed to further streamline permitting and construction of ADUs. Both the Legislature and the Governor view ADUs as an important tool to address the housing crisis. The primary new requirements are as follows:

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Government Code Section 65852.2 (modified by AB 881, AB 68, and SB 13)

• Cities are required to permit four types of “streamlined” ADUs so long as basic minimum requirements are met. These include ADUs that are within existing single-family residences, accessory structures, or certain multifamily spaces, and certain detached ADUs on both single-family and multi-family lots. They also include junior accessory dwelling units (JADUs), which must be within existing living space and smaller than 500 square feet but can share a bathroom with the primary residence. Short-term rentals must be prohibited in all streamlined units.

• Cities are allowed to impose some additional development standards and requirements on all other ADUs. However, State law limits cities’ ability to impose most setback and parking requirements and constrains application of other standards relating to floor area ratios, site coverage, and lot size.

• Processing time must be limited to 60 days and impact fees are either eliminated or reduced.

• Cities are no longer permitted to impose owner occupancy restrictions, except in JADUs. These provisions sunset on January 1, 2025.

Civil Code Section 4751 (AB 670)

• Homeowner’s associations can no longer prohibit or unreasonably restrict development of ADUs.

Government Code Section 65852.26 (AB 587)

• Cities must allow separate sale of ADUs, but only when certain stringent requirements are met. This provision is intended to facilitate separate conveyance of deed restricted affordable housing from a qualified non-profit corporation.

Under the amendments to Section 65852.2, the City’s existing ADU ordinance became null and void as of January 1, 2020. As in 2018, the City can adopt a “compliant” ordinance to reimpose some city-specific development standards on ADUs. However, the new State laws significantly reduce the policy choices available to the City. As a result, the proposed draft ordinance is primarily based on the new regulations imposed by State law, as illustrated in Attachment 2, which correlates the new ordinance to State law requirements. The few areas in which the City Council can ultimately exercise its policy discretion are discussed below. The Planning Commission held a public hearing on the draft ADU ordinance on December 10, 2019. The Commission recommended that the City Council approve the ordinance with an amendment. The requested revision is to include a definition of “accessory structure” specific to the ADU ordinance. The definition of structure for the Zoning Ordinance is very broad and use of this same term within the context of ADU regulations imposed by State law could result in inconsistent application. The definition was prepared by the City Attorney’s office, reviewed by Community Development Department staff, and added to the draft code presented to City Council. The Commission also requested that the City Attorney’s office prepare a document indicating which parts of the draft ordinance are required by State law. This document is

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provided in Attachment 2. The Commission also asked about the approach to allowing ADUs in Planned Unit Development (PUD) zoning districts. This topic is covered in the staff report. Excerpted minutes to the Planning Commission meeting are provided in Attachment 3. Since the Planning Commission hearing, the City Attorney has continued to research the new State ADU law and has made a few minor amendments to the draft ordinance language as it had been presented to the Planning Commission. These amendments are shown in highlighting in Attachment 4. DISCUSSION: The proposed ordinance attempts to accomplish two goals: (1) where permitted, it retains the requirements and structure of the City’s existing code; and (2) where required, it brings the code into compliance with the new State law. Coastal Act Modifications State law still allows cities within the coastal zone to modify their ADU ordinances where necessary to avoid conflicts with the Coastal Act. The proposed ordinance contains four such modifications:

1. The ordinance maintains ADU parking requirements for certain areas west of Highway 1

that are heavily used for coastal access parking.

2. The ordinance continues to require applicants to obtain a coastal development permit,

though the ordinance retains the streamlining previously developed in this section,

which provides for administrative review by the Community Development Director.

3. The ordinance continues to require applicants to obtain Measure D certificates.

4. Finally, the ordinance does not permit ADUs within the Open Space Reserve (OS-R) and

Urban Reserve (U-R) zoning districts. The City’s LCP limits residential development in

these districts for as long as possible to protect coastal resources; prohibiting ADUs is

necessary to accomplish that goal. However, the proposed ordinance does allow certain

ADUs in the Planned Unit Development districts if they are wholly within existing

structures or involve an addition of no more than 150 square feet to an existing

accessory structure. Modifications to State law—including the expansion of streamlined

accessory dwelling unit categories in Government Code Section 65852.2(e) and the

elimination of HOA restrictions in Civil Code Section 4751—have made clear that the

City is required to allow ADUs within these residential neighborhoods unless a

prohibition is required to protect Coastal Act resources. Allowing ADUs within existing

structures in the Planned Unit Development districts, but continuing to prohibit new

attached or detached units appears to appropriately balance the requirements both the

State ADU law and the Coastal Act.

Streamlined ADUs Under the existing code, the City offered streamlined processing to one type of ADUs – those wholly within existing space in a single-family residence or accessory structure. Under the new

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State law, this category will be expanded to four types of streamlined ADUs, as follows: Streamlined ADUs

Single Family Dwelling (SF) Multi-Family (MF)

“Within Existing Space”

• 1 ADU or JADU

• Lot with existing or proposed SF dwelling

• Within existing or proposed space, or within an expansion of accessory structure up to 150 sq. ft., if expansion is to accommodate ingress or egress

• Direct exterior access

• Setbacks sufficient for fire safety

• If JADU, meets requirements in 65852.22 (<500 sq. ft., kitchen facilities, shared bathroom okay, owner occupancy restrictions, deed restriction)

“Non-livable Space Conversion”

• At least 1 ADU, and up to 25 percent of existing units in MF dwelling

• Existing MF dwelling

• ADU is within existing, non-livable space (i.e., storage rooms, boiler rooms, passageways, attics, basements, garages)

“New Detached”

• 1 ADU

• Lot with existing or proposed SF dwelling

• Detached

• New construction

• Meets 4-foot side and rear yard setbacks

• Okay if primary already has JADU

• 800 sq. ft. max

• 16 ft. height limit

“New Detached”

• Up to 2 ADUs

• Lot with existing MF dwelling

• Detached

• 16 ft. height limit

• Meets 4-foot side and rear yard setbacks

For all four categories:

• Within residential or mixed-use zone

• Must prohibit short-term rentals

• City cannot require correction of non-conforming conditions

• City cannot require parking

• If on-site water treatment system, City can require certain percolation tests

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For these units, the only area of City discretion is under detached ADUs on single-family lots. For those, the City can elect to impose square footage and height limitations as indicated in bold italics above; the draft ordinance imposes these requirements. All other ADUs For all other ADUs, the proposed ordinance imposes the City’s typical development standards, including those for building heights, setbacks, site coverage, floor area ratio, and building envelopes. However, State law requires certain modifications, which are incorporated into the proposed ordinance:

• The City is not permitted to impose any setbacks on existing structures being converted into an ADU or replacements of existing structures with an ADU of the same dimensions and location. For new construction, the City is not permitted to impose a side or rear yard setback greater than 4 feet.

• The City cannot impose building envelope requirements, floor area ratios, or site coverage requirements that would reduce the site of a permitted ADU below 16 feet in height or 800 square feet in gross floor area.

• The City cannot set a maximum size of less than 850 square feet (for studio or one-bedroom units) or 1,000 square feet (for two or more bedroom units). If desired, the City could set a greater maximum size, potentially up to 1,200 square feet.

Processing Under the proposed ordinance, ADU application processing will remain similar, except the City will attempt to comply with the new sixty-day deadline (except where Coastal Act compliance makes achievement of the deadline impossible). ADUs (including junior accessory dwelling units) will still be required to obtain Measure D certificates; most ADUs will still require administrative coastal development permits (CDPs). Owner Occupancy Until January 1, 2025, the City can no longer impose owner-occupancy requirements on ADUs. We have confirmed with the California Department of Housing and Community Development that the declaration of restrictions imposed on existing ADUs can remain in force. The proposed ordinance therefore clarifies that such declarations of restrictions remain valid. Planned Unit Development Zoning In 2018, City Council determined that PUDs, specifically Ocean Colony and Pacific Ridge, not be included in the ADU ordinance, in part because the existing HOAs banned such ADUs. However, in 2019, the legislature amended State law to prohibit HOAs from “effectively prohibit[ing] or unreasonably restrict[ing]” ADUs. Civil Code § 4751. As a result, Staff has reevaluated the exclusion of the PUD districts. In addition, the State Legislature drastically reduced the ability of cities to limit or regulate ADUs, by requiring cities to allow streamlined units in any “residential or mixed-use zone.” Government Code § 65852.2(e). Gradual language changes in State ADU law and legislative

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intent indicate that “residential or mixed-use zone” means any areas zoned for single-family and multi-family dwelling units. “PUD” is a zoning district that frequently allows for single-family and multi-family dwelling units pursuant to the associated PUD or specific plan. To harmonize State ADU law and the Coastal Act, the proposed ordinance only allows ADUs that are wholly within existing structures or that involve small additions. This regulation will maintain the form of the built environment as established in each PUD. In some PUDs (e.g. Matteucci), approved PUD plans allow detached ADUs. PUD provisions for ADUs that allow for more than streamlined wholly within ADUs, would not be superseded by the new ordinance. Impact Fees State law now prohibits cities from imposing impact fees on ADUs that are smaller than 750 square feet. For ADUs that are greater than 750 square feet, the fees must be proportional to the size of the primary unit. The proposed ordinance reflects this requirement. Measure D Certificates Staff is also recommending addressing Measure D certificate fees. These fees were waived by City Council when the new ordinance was adopted in 2018. New State law allows much larger units, and staff anticipates a continued high volume of permit activity for these units. As such, staff recommends that Measure D certificate fees be charged for these units consistently with all other units. Currently, Measure D certificate fees for all other residential units, including single-family and multi-family units, is $585. If City Council agrees, ADUs will be added to the fee schedule with the upcoming fiscal year budget. Staff will also recommend that Council consider directing Measure D fee revenues into the Affordable Housing Fund. This would be a modest, but on-going revenue source for that fund.

Environmental Review The proposed code amendments are exempt from the California Environmental Quality Act (CEQA) under Public Resources Code § 21080.17, as they implement the provisions of Government Code § 65852.2. ATTACHMENTS: 1. Draft Ordinance 2. Ordinance Indicating Source in State ADU Law 3. Planning Commission Minutes Excerpt December 10, 2019 4. Ordinance highlighting changes from Planning Commission meeting

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ORDINANCE NO. C-2018-______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY

AMENDING CHAPTER 18.33 “ACCESSORY DWELLING UNITS” AND RELATED PROVISIONS OF THE ZONING AND SUBDIVISION TITLES OF THE HALF MOON BAY MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF HALF MOON BAY DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Half Moon Bay hereby amends Chapter 18.33 “Accessory Dwelling Units” and related provisions of the Zoning and Subdivision Titles of the Half Moon Bay Municipal Code (“ADU Ordinance Amendment”). The City Council finds and declares as follows:

(a) The State of California recently enacted changes to Government Code section 65852.2 to impose specific requirements on local government regulation of accessory dwelling units (ADUs), which became effective on January 1, 2020; and (b) The California Coastal Commission issued memos on April 18, 2017 and November 20, 2017 to provide guidance to jurisdictions located within the California Coastal Zone for implementing amendments to their Local Coastal Programs (LCPs) to be consistent with revised Government Code section 65852.2; and (c) The City of Half Moon Bay, which is located fully within the Coastal Zone, seeks to revise its regulations as they pertain to ADUs for them to be consistent with Government Code section 65852.2 and the California Coastal Act, pursuant to the Coastal Commission guidance; and (d) ADUs provide a community benefit by expanding the number and type of residential facilities available and assist ADU owners by providing additional affordable space for housing family or friend and/or revenue that may be used for maintenance, upgrades and other costs; and (e) If not regulated, ADUs can create nuisances such as overcrowding, illegal vehicle parking, and traffic-flow disruptions. The restrictions of the ADU Ordinance Amendment are necessary to prevent a burden on City services and potential adverse impacts on residential neighborhoods posed by ADUs; and (f) The Planning Commission conducted a duly noticed public hearing on the ADU Ordinance Amendment on December 10, 2019, at which time all those desiring to be heard on the matter were given an opportunity to be heard, and recommended the proposed ADU Ordinance Amendment for adoption by the City Council; and (g) The ADU Ordinance Amendment is consistent with Government Code section 65852.2 and the Coastal Act in so far as it attempts to comply with the standards in

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section 65852.2 to the greatest extent feasible while including several limited modifications to protect coastal resources; and (h) Requiring ADUs to provide ADU and replacement parking within certain neighborhoods adjacent to publicly accessible beaches will protect coastal act resources, namely coastal access; and (i) Requiring ADUs to comply with Measure D, while eliminating Measure D fees and modifying the allocation of points for ADUs, is consistent with the City’s LCP, which includes residential growth allocations to protect coastal resources; and (j) Requiring ADUs to obtain administrative coastal development permits, subject to limited exemptions enacted as part of the ADU Ordinance Amendment, is necessary to implement the California Coastal Act, as explained in the coastal commission guidance; and (k) Prohibiting ADUs in the Open Space Reserve (OS-R) and Urban Reserve (U-R) zoning districts is necessary to support the City’s LCP, which is intended to limit residential development in these districts for as long as possible; and (l) Limiting ADUs in the Planned Unit Development (PUD and PUD-X) zoning districts to units within existing structures is necessary to support the City’s LCP, which identifies these areas for visual resource protection; and (m) The ADU Ordinance Amendment is consistent with the City’s Local Coastal Land Use Plan, in that it includes mechanisms to ensure protection of coastal resources and requires ADUs to comply with the Plan’s limitations on residential growth; and (n) The ADU Ordinance Amendment is consistent with the City’s Housing Element, which contains a policy to “encourage the development of affordable second units,” because the ADU Ordinance Amendment is intended to reduce barriers to the creation of ADUs.

Section 2. Amendments. The following sections of the Municipal Code are amended as specified below and in Attachment A. Attachment A generally shows additions with underlined text and deletions with strike out text.

Municipal Code Provision

Action

Chapter 18.33 Amendments as shown in Attachment A

Section 18.02.040 Amendments as shown in Attachment A


Section 3. Severability. If any section, 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

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jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council herby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4. CEQA. The City Council finds that the Ordinance is exempt from CEQA under Public Resources Code section 21080.17, as it implements the provisions of Government Code section 65852.2, as well as CEQA Guidelines sections 15305 (minor alterations to land use limitations) and 15061(b)(3) (common sense exemption). Section 5. Publication. The City Clerk of the City of Half Moon Bay is hereby directed to publish this Ordinance pursuant to Government Code section 36933. Section 6. Effective date. This Ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage. INTRODUCED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 21st of January, 2020. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the _____ of ___________, 2020, by the following vote: Ayes, Councilmembers: __________________________________ Noes, Councilmembers: __________________________________ Absent, Councilmembers: __________________________________ Abstain, Councilmembers: __________________________________

ATTEST: APPROVED: ________________________________ ______________________________

Jessica Blair, City Clerk Adam Eisen, Mayor

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Chapter 18.33

ACCESSORY DWELLING UNITS

18.33.010 Purpose.

The purpose of this chapter is to:

A. Increase the supply of smaller units and rental housing units by allowing

accessory dwelling units to locate on lots which that contain an existing or proposed

single-family dwellings and existing two-family and multifamily dwellings;

B. Establish standards for accessory dwelling units to ensure that they are

compatible with existing neighborhoods; and

C. Comply with state law regarding accessory dwelling units (California Government

Code Sections 65852.2 and 65852.22) and the California Coastal Act (California

Public Resources Code Sections 30000 through 30900).

18.33.020 Review and approval.

A. Accessory Dwelling Unit Applications. Accessory dwelling unit applications,

including applications for junior accessory dwelling units, shall be submitted to and

processed by the community development director as follows:

1. Residential Dwelling Unit Allocation. Accessory dwelling units require a

residential dwelling unit allocation pursuant to Chapters 17.06 and 18.04;

provided, that no processing fee pursuant to Section 17.06.040 shall be

required.

2. Coastal Development Permit. All accessory dwelling units shall conform

to Chapter 18.20, as provided below.

a. An wholly within existing development accessory dwelling unit that

is wholly within an existing single-family dwelling,, as defined in Section

18.33.030, that does not involve the removal or replacement of major

structural components (e.g., roofs, exterior walls, foundations), and

that does not change the size of the structure or intensity of use, does

not constitute “development” as defined in Public Resources Code

Section 30106 and Section 18.20.020(C) and does not require a

coastal development permit. A wholly within existing development

Such an accessory dwelling unit changes the intensity of use if it

primarily involves the creation of new habitable space.

b. An accessory dwelling unit that is contained within or attached to

an existing single-family dwelling unit or accessory structure and that

does not change the intensity of use or expand the floor area, height,

or bulk of the existing unit or structure by more than ten percent is

exempt from the requirement to secure approval of a coastal

development permit pursuant to Public Resources Code Section

30610(a) or, for existing guest houses, Section 30610(b). An

accessory dwelling unit changes the intensity of use if it primarily

involves the creation of new habitable space. This exemption shall not

be granted if one or more of the criteria in Subchapter 7, Title 14,

Section 13250(b) or, for existing guest houses, Section 13253(b) of

the California Code of Regulations, as may be amended from time to

time, are met. If any criteria are met, the applicant shall obtain a

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coastal development permit pursuant to Chapter 18.20 rather than an

administrative coastal development permit pursuant to Section

18.33.020 (A)(2)(c)this section.

c. Any other accessory dwelling unit shall obtain an administrative

coastal development permit, as defined in Public Resources Code

Section 30624. Such an administrative coastal development permit

shall be processed as a “local coastal development permit” per

Chapter 18.20 except:

i. The community development director is the approval

authority for an administrative coastal development permit;

ii. The city shall not be required to publish any notice in a

newspaper; and

iii. Any administrative coastal development permit issued by

the community development director shall be listed on the

planning commission and city council agendas at their first

scheduled meetings after the permit is issued. If, at either

meeting, one-third of the planning commission or city council so

request, the permit issued by the community development

director shall not go into effect and the applicant shall instead

obtain a coastal development permit pursuant to Chapter

18.20. Administrative coastal development permits shall not

become effective until after the planning commission and city

council have had an opportunity to complete this review.

d. No hearing shall be required for the issuance of the administrative

coastal development permit, the issuance of a standard coastal

development permit pursuant to Chapter 18.20, or any appeal, for any

accessory dwelling unit.

e. The accessory dwelling unit shall comply with any existing coastal

development permit issued for the property.

3. Building Permit. Accessory dwelling units require a building permit issued

in conformance with this code, including Section 17.06.050.

4. Unless otherwise required by the Coastal Act, the community

development director shall act on all required permits within one hundred and

twentysixty days of receipt of a complete application.

B. Noncompliant Proposals. If the requirements in this chapter are not met, the

proposed accessory dwelling unit or junior accessory dwelling unit cannot be

approved under this cChapter. Notwithstanding the foregoing, applicants may seek

approval of the unit, addition, or renovation under the city’s generally applicable

standards and procedures, including a variance pursuant to Chapter 18.23.

C. Conversion of Existing Residence. An existing residence, in conformance with

the above regulations, may be converted to an accessory dwelling unit in conjunction

with development of a new primary dwelling unit.

D. Existing Accessory Dwelling Unit. An existing accessory dwelling unit or junior

accessory dwelling unit may be enlarged or modified only in accordance with the

requirements of this section.

E. Density. To the extent required by California Government Code Section 65852.2,

an accessory dwelling unit or junior accessory dwelling unit built in conformance with

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this section does not count toward the allowed density for the lot upon which the

accessory dwelling unit is located.

F. General Plan and Zoning Designations. Accessory dwelling units and junior

accessory dwelling units approved in compliance with this chapter are a residential

use that is consistent with the city’s general plan, local coastal land use plan, and

zoning ordinance.

18.33.030 Standards for wholly within existing development accessory dwelling

unitsstreamlined accessory dwelling units.

Pursuant to California Government Code Section 65852.2(e), the City shall approve the

following streamlined accessory dwelling units if the specified development standards and

use restrictions are met:

A. Standards Applicable to All Streamlined Accessory Dwelling Units and Junior

Accessory Dwelling Unit.

1. The accessory dwelling unit or junior accessory dwelling unit complies with

applicable building codes and health and safety regulations; however, the

accessory dwelling unit or junior accessory dwelling unit is not required to

provide fire sprinklers unless fire sprinklers are required for the primary

dwelling.

2. The accessory dwelling unit or junior accessory dwelling unit may be

rented in full or in part for the purpose of overnight lodging for terms of thirty

or more consecutive days, but it shall not be rented for overnight lodging for

shorter terms or subleased. Neither the primary dwelling nor the accessory

dwelling unit or junior accessory dwelling unit shall be sold or otherwise

conveyed separately from the other unit, except pursuant to California

Government Code Section 65852.26.

3. If the accessory dwelling unit or junior accessory dwelling unit will be

connected to an onsite water treatment system, the applicant may be

required to submit a percolation test completed within the last five years, or if

the percolation test has been recertified, within the last ten years.

BA. Within Existing Space (Single-Family) – ADUs and JADUs

1. The accessory dwelling unit is located in an R-1, R-2, R-3, C-D, C-R, C-VS,

or C-G, PUD, or PUD-X zoning district.

2. B. The lot on which the accessory dwelling unit or junior accessory

dwelling unit is located contains an existing or proposed single-family dwelling.

3. C. The lot on which the accessory dwelling unit or junior accessory

dwelling unit is located does not contain another accessory dwelling unit,

junior accessory dwelling unit, or guest house, unless a junior accessory

dwelling unit is built pursuant to this Subsection (B) and an accessory dwelling

unit is built pursuant to Subsection (C).

4. The accessory dwelling unit or junior accessory dwelling unit is wholly

within the existing or proposed space of a single-family dwelling or the existing

space of an accessory structure, or requires an addition of no more than 150

square feet to an existing accessory structure to accommodate ingress and

egress.

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D5. The accessory dwelling unit has exterior access independent from the

existing single-family dwelling.

E6. The existing single-family dwelling or accessory structure has side and

rear setbacks sufficient for fire and safety. If the existing dwelling or structure

complies with the city’s setback requirements as described in this code, it

shall automatically meet this standard.

7. If a junior accessory dwelling unit is proposed, it complies with the

requirements of California Government Code section 65852.22.

C. Detached, New Construction (Single-Family) – ADUs


or C-G zoning district, or the accessory dwelling unit is located in a PUD zoning

district where detached accessory dwelling units are permitted pursuant to a

PUD Plan or Specific Plan.

2. The lot on which the accessory dwelling unit is located contains an

existing or proposed single-family dwelling.

3. The lot on which the accessory dwelling unit is located does not contain

another accessory dwelling unit or guest house, but may contain a junior


4. The accessory dwelling unit is detached from the single-family dwelling.

5. The accessory dwelling unit is new construction.

6. The accessory dwelling unit is located at least four feet from the side and

rear lot lines, is no greater than eight-hundred square feet in gross floor area,

and has a height of no more than sixteen feet.

D. Wholly Within Existing Space (Two-Family or Multifamily) - ADUs


or C-G zoning district.

2. The lot on which the accessory dwelling unit is located contains an existing

two-family or multifamily dwelling.

3. The accessory dwelling unit is located within a portion of the two-family or

multifamily dwelling structure that is not used as livable space.

4. The total number of accessory dwelling units within the dwelling will not

exceed twenty-five percent of the existing number of primary dwelling units

within the dwelling, provided that all two-family or multifamily dwellings shall

be permitted at least one accessory dwelling unit.

E. Detached, New Construction (Two-Family or Multifamily) – ADUs




existing two-family or multifamily dwelling.

3. The accessory dwelling unit is detached from the two-family or multifamily

dwelling.


rear lot lines and has a height of no more than sixteen feet.

5. No more than two detached accessory dwelling units are permitted per lot.

F. The accessory dwelling unit or junior accessory dwelling unit complies with

applicable building codes and health and safety regulations; however, the accessory

dwelling unit or junior accessory dwelling unit is not required to provide fire sprinklers

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8

if fire sprinklers are not required for the single-family dwelling.G. The single-family

dwelling or accessory structure was constructed in compliance with all then-

applicable city requirements or was in existence on December 12, 2018.

H. The accessory dwelling unit may be rented in full or in part for the purpose of

overnight lodging for terms of thirty or more consecutive days, but it shall not be

rented for overnight lodging for shorter terms or subleased. Neither the single-family

dwelling nor the accessory dwelling unit shall be sold or otherwise conveyed

separately from the other unit.

1. Notwithstanding the above, the accessory dwelling unit may be

rented in full or in part for the purpose of overnight lodging for a term

of fewer than thirty consecutive days if (a) the accessory dwelling unit

had been rented as a short-term rental for at least thirty nights in the

six months prior to December 12, 2018, (b) the single-family dwelling

is owner occupied, and (c) the short-term rental was in full compliance

with all city requirements as of December 12, 2018. In the event of

discontinued use of the accessory dwelling unit as a short-term rental

for a period of six months, the short-term rental use shall be deemed

discontinued and this exception shall no longer apply.

I. Either the single-family dwelling or the accessory dwelling unit is occupied by the

owner of record as his or her principal residence.

18.33.040 Standards for new developmentother accessory dwelling units.

Any accessory dwelling unit that involves the addition of square footage to an existing single-

family dwelling or accessory structure or the construction of a new detached structure, or is

proposed in conjunction with a new single-family dwelling,Any accessory dwelling unit that

does not meet the criteria of Section 18.33.030 shall meet the following development

standards and use restrictions:

A. The accessory dwelling unit is located in an R-1, R-2, R-3, C-D, C-R, C-VS, or C-G

zoning district, or the accessory dwelling unit is located in a PUD zoning district where

detached accessory dwelling units are permitted pursuant to a PUD Plan or Specific

Plan.

B. The lot on which the accessory dwelling unit is located contains an existing or

proposed single-family dwelling unit.

C. The lot on which the accessory dwelling unit is located does not contain another

accessory dwelling unit, junior accessory dwelling unit, or guest house.

D. The accessory dwelling unit meets all nondiscretionary requirements for any

single-family dwelling located on the same parcel lot in the same zoning

district. These requirements include, but are not limited to, building height, setback,

site coverage, floor area ratio, building envelope, payment of any applicable fee, and

building code requirements. The following exceptions to these requirements apply:

1. No setback is required for an accessory dwelling unit located within

existing living area or an existing accessory structure, or an accessory dwelling

unit that replaces an existing structure and is located in the same location

and to the same dimensions as the structure being replaced. A four foot side

and rear yard setback is required for all other accessory dwelling units.

Detached accessory dwelling units shall have a minimum side setback of five

feet and minimum rear setback of ten feet.

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9

2. If any portion of the accessory dwelling unit is located in front of the main

building, then the front and side yard setbacks shall be the same as a single-

family dwelling in the zoning district. The distance between buildings on the

same lot must be a minimum of six feet.

32. Notwithstanding subsection (D)(1) of this section, if the proposed

accessory dwelling unit is an addition to an existing private garage:

a. No setback shall be required for any portion of the existing private garage

that is converted to the accessory dwelling unit; and

b. Standard setbacks shall apply to the new floor area, unless the accessory

dwelling unit is constructed above the existing private garage, in which case

the side and rear setbacks for the accessory dwelling unit shall not be less

than five feet, and the front setback shall not be less than twenty feet.

3. The minimum lot area per dwelling unit required by the applicable district

shall not apply.

4. The maximum building envelope required by Section 18.060.040(G) shall

not be imposed to limit the height of an accessory dwelling unit below sixteen

feet.

4. The only architectural and design standards that apply to accessory

dwelling units are as follows:

a. If the accessory dwelling unit is attached to a single-family primary

dwelling or visible from any public sidewalk or right-of-way, the

accessory dwelling unit shall use similar exterior siding materials,

colors, window types, door and window trims, roofing materials, and

roof pitch as the single-family primary dwelling.

b. If the accessory dwelling unit is directly accessible from an alley or

a public street, Tthe entrance to the accessory dwelling unit shall face

the alley or public street. Otherwise, the entrance shall be located at

least 10 feet from any property linethe interior of the lot unless the

accessory dwelling unit is directly accessible from an alley or a public

street.

c. For accessory dwelling units attached to the single-family primary

dwelling unit, new entrances and exits are allowed on the side and rear

of the structures only.

5. Pursuant to California Government Code Section 65852.2, no

passageway is required in conjunction with the construction of an accessory

dwelling unit. “Passageway” is defined as a pathway that is unobstructed

clear to the sky and extends from a street to one entrance of the accessory

dwelling unit.

6. The accessory dwelling unit is not required to provide fire sprinklers if

unless fire sprinklers are not required for the primary single-family dwelling.

7. If the proposed accessory dwelling unit is a manufactured home, as

defined in Health and Safety Code Section 18007, it shall comply with Section

18.06.060 (Manufactured homes), except Sections 18.06.060(B) (Approval),

(C) (Location), (D)(1) (Width) and (D)(10) (Covered Parking).

E. The gross floor area of the accessory dwelling unit shall not exceed eight hundred

and fifty square feet (for studios or one bedroom accessory dwelling units) or one

69

10

thousand square feet (for accessory dwelling units that provide more than one

bedroom). and

F. the gross floor area of the accessory dwelling unit and other buildings on the lot

shall not exceed the maximum floor area ratio.Limits on lot coverage, floor area ratio,

open space, and lot size shall not be used to reduce the gross floor area of the

accessory dwelling unit below eight-hundred square feet or the height of the

accessory dwelling unit below sixteen feet.

F. The minimum gross floor area of the accessory dwelling unit shall be no less than

one hundred fifty square feet or the minimum required for an efficiency dwelling unit

as defined in Health and Safety Code Section 17958.1, as may be amended from

time to time.

G. Parking.

1. A minimum of one off-street parking space for the accessory dwelling

unit, in addition to the spaces required for the single-family primary dwelling,

shall be provided for units within the following portions of neighborhood

areas, as depicted in Figure 18.33-1:

a. Miramar: Bounded by Mirada Road to the north, the California

Coastal Trail and Naples Avenue to the west, Pullman Ditch to the

south, and Highway 1 to the east.

b. Casa del Mar: Parcels with frontage on either side of Pilarcitos

Avenue and parcels with frontage on the south side of Wave Avenue.

c. Alsace Lorraine: Parcels with frontage on either side of Kelly

Avenue between Balboa Boulevard and Pilarcitos Avenue; and parcels

bounded by Kelly Avenue to the north, the former railroad right-of-way

to the west, Central Avenue to the south, and Potter Avenue to the

east.

d. Arleta Park: Parcels with frontage on either side of Poplar Street

between Pacific Avenue and Third Avenue, and parcels bounded by

Central Avenue to the north, Railroad Avenue to the west, Seymour

Street to the south, and First Avenue/Alsace Lorraine Avenue to the

east.

No parking space shall be required for any accessory dwelling unit

located outside these areas.

2. Notwithstanding subsection (G)(1) of this section, a parking space shall

not be required within the areas depicted in Figure 18.33-1:

a. For a unit that is on the same lot as a historic property listed on or

eligible for listing on either the National Register of Historic Places or

the California Register of Historical Resources;

b. For a unit that is part of a proposed primary residence;

c. When a parking exception has been granted in accordance with

Section 18.36.080.

3. Notwithstanding any other provisions of this code, the required parking

space may be located as a tandem space in an existing driveway or in the

required setbacks, and may have a permeable, all-weather surface.

4. When a private garage, carport, or covered parking structure is

demolished or converted in conjunction with the construction of an accessory

dwelling unit within the areas depicted in Figure 18.33-1, the spaces

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11

contained in such structures shall be replaced to the extent they are required

to meet the numerical parking requirements in Chapter 18.36. The

replacement spaces may be located in any configuration on the same lot as

the accessory dwelling unit, including, but not limited to, enclosed spaces,

unenclosed spaces, or tandem spaces, or by the use of mechanical

automobile parking lifts; provided, that the spaces and driveway comply with

the requirements found in Sections 18.06.040(D) and (E), to the extent those

requirements do not conflict with this chapter.

H. Accessory dwelling units shall not be approved absent a finding of adequate

water supply and wastewater treatment capacity. The accessory dwelling unit can be

accommodated with the existing water service and existing sewer lateral or septic

system, insofar as evidence is provided that the existing water service and existing

sewer lateral or septic system has adequate capacity to serve both the primary

residence and accessory dwelling unit. No additional water meter shall be required,

unless requested by the applicant.

I. The accessory dwelling unit may be rented in full or in part for the purpose of


rented for shorter terms or subleased. Neither the single-family primary dwelling nor

the accessory dwelling unit shall be sold or otherwise conveyed separately from the

other unit, except pursuant to California Government Code Section 65852.26.

1. Notwithstanding the above, the accessory dwelling unit may be rented in

full or in part for the purpose of overnight lodging for a term of fewer than

thirty consecutive days if (a) the accessory dwelling unit had been rented as a

short-term rental for at least thirty nights in the six months prior to December

12, 2018, (b) the single-family dwelling is owner occupied, and (c) the short-

term rental was in full compliance with all city requirements as of December

12, 2018. In the event of discontinued use of the accessory dwelling unit as

a short-term rental for a period of six months, the short-term rental use shall

be deemed discontinued and this exception shall no longer apply.

J. Either the single-family dwelling or the accessory dwelling unit is occupied by the


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12

Figure 18.33-1: Draft Parking Map*

* Code reviser’s note: This map is currently in draft form. When the city has finalized this

map, it will be included in the code.

18.33.050 Combination proposals.

When an accessory dwelling unit or junior accessory dwelling unit is proposed in conjunction

with another proposal for which city approval is required under this code, the following

options apply:

A. The applicant is encouraged to submit the accessory dwelling unit and other

proposal(s) for combined review by the city. If the applicant makes this election, he 72

13

or she voluntarily forgoes the streamlining procedures described in Section

18.33.020.

B. The applicant may elect to have the city process the accessory dwelling unit

separately from the other proposal(s). If the applicant makes this election, the

streamlining procedures described in Section 18.33.020 would apply to the

accessory dwelling unit proposal after the applicant obtains city approval for the

other proposal(s).

For either option, the certificate of occupancy for the accessory dwelling unit shall not be

issued before the certificate of occupancy for the primary dwelling unit.

18.33.060 Converted parking.

When a private garage, carport, or covered parking structure is demolished or converted in

conjunction with the construction of an accessory dwelling unit, the spaces contained in

such structures shall be replaced to the extent they are required to meet the numerical

parking requirements in Chapter 18.36. The replacement spaces may be located in any

configuration on the same lot as the accessory dwelling unit, including, but not limited to,

enclosed spaces, unenclosed spaces, or tandem spaces, or by the use of mechanical

automobile parking lifts; provided, that the spaces and driveway comply with the

requirements found in Sections 18.06.040(D) and (E), to the extent those requirements do

not conflict with this chapter.

18.33.070 060 Conformance with certified local coastal program.

New accessory dwelling units and junior accessory dwelling units shall conform to all

applicable requirements of the city’s local coastal program, the zoning code, this chapter,

and any existing coastal development permit, including that the proposed accessory

dwelling unit will not adversely impact any coastal resources including any of the following:

A. Environmentally sensitive habitat areas, or significant vegetation such as native

trees, vegetation, riparian areas, wetlands, riparian or wetland buffers or visually

prominent tree stands as designated in the local coastal program or the zoning code.

B. Significant topographic features, including but not limited to steep slopes,

ridgelines or bluffs, water courses, streams or wetlands or any areas as designated in

the local coastal program.

C. Significant public views including old downtown, scenic hillsides or ocean views

from Highway 1 as designated in the local coastal program.

D. Areas of public access to the coastal trail or beach areas including those as

designated in the local coastal program.

E. Archaeological resources.

F. Prime agricultural land or soil.

18.33.080 070 Declaration of restrictions.

Before obtaining a building permit for an accessory dwelling unit, the property owner shall

file with the county recorder aAny declaration of restrictions regarding owner occupancy

previously recorded in conjunction with development of an accessory dwelling unit remains

valid and binding on any successor in ownership of the property, unless the accessory

dwelling unit is removed.

containing a reference to the deed under which the property was acquired by the present

owner and stating that:

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14

A. Neither the single-family dwelling nor the accessory dwelling unit shall be sold or

otherwise conveyed separately from the other unit, either directly or indirectly.

B. The accessory dwelling unit is a permitted use only so long as either the main

residence or the accessory dwelling unit is occupied by the owner of record as his or

her principal residence, subject to Section 18.33.030(I) or 18.33.040(J).

C. The restriction is binding on any successor in ownership of the property; lack of

compliance will result in the accessory dwelling unit becoming an illegal,

nonconforming use subject to the code enforcement and abatement proceedings

established by this code.

D. The deed restrictions shall lapse upon removal of the accessory dwelling unit.

18.33.080 Impact Fees.

No impact fees, as defined in Government Code Section 65852.2(f), shall be imposed on

any accessory dwelling unit or junior accessory dwelling unit with a gross floor area of less

than 750 square feet. Impact fees for all other accessory dwelling units shall be charged

proportionately in relation to the square footage of the primary dwelling unit.

18.33.090 Incentives.

The following incentives are to encourage construction of accessory dwelling units:

A. Affordability Requirements for Fee Waiver. Accessory dwelling units proposed to

be rented at rents affordable to very low or low income households for at least five

years may request a waiver of all city fees, subject to the sole discretion and approval

of the city council. The city and applicant shall enter into an affordable housing

agreement governing the accessory dwelling unit and that agreement shall be

recorded against the property.

B. Parking. The covered parking requirement for the primary residence shall be

limited to one covered parking space and one uncovered parking space if an

accessory dwelling unit is provided. The uncovered parking space may be provided in

the side yard setback (if on a corner lot) or front yard setback under this incentive

with the parking design subject to approval of the community development

director. The maximum impervious surfaces devoted to the parking area shall be no

greater than the existing driveway surfaces at time of application. Not more than fifty

percent of the front yard width shall be allowed to be parking area.

18.33.100 Owner occupied exception.

The owner occupancy requirement in Sections 18.33.030(I), 18.33.040(J) and

18.33.080(B) may be waived by the community development director for a period not to

exceed two years in any ten-year period upon a finding of hardship due to medical, family,

employment or other special circumstances provided the owner retains ownership and

establishes his or her intent to maintain the single-family dwelling or accessory dwelling unit

as his or her primary residence.

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15

18.02.040 Definitions.

“Accessory building” or “accessory structure” means a detached subordinate building, the

uses of which are incidental to a permitted principal use conducted within the main or

principal structure on a parcel. An accessory building or use is not permitted without a

permitted use on the property. An accessory dwelling unit is not considered an accessory

building or accessory structure. For purposes of Chapter 18.33 (Accessory Dwelling Units),

an accessory structure must be fully enclosed, and therefore does not include structures

such as fences, carports, decks, pools, or pergolas.

“Accessory dwelling unit” means an attached or a detached residential dwelling unit that

provides complete independent living facilities for one or more persons on the same parcel

as a single-familyprimary dwelling unit. It shall include permanent provisions for living,

sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes the

following: (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1, and

(2) a manufactured home, as defined in Health and Safety Code Section 18007.

“Efficiency Unit” has the same meaning as set forth in California Health and Safety Code

Section 17958.1.

Dwelling, Accessory or Second. “Second or accessory dwelling” means a detached or

attached dwelling unit located on a single-family residential lot that contains a one-family

dwelling.

“Second dwelling unit” means a detached or attached permanent dwelling unit located

within a residential zone on a lot which contains a single-family dwelling. A second unit

provides complete, independent living facilities for one or more persons, including

permanent provisions for living, sleeping, eating, cooking, sanitation, and parking. A second

unit may be attached to or detached from the primary dwelling. Second dwelling units are

governed by Chapter 18.33, titled “Second Dwelling Units.”

“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size

and contained entirely within an existing single-family structure. A junior accessory dwelling

unit may include separate sanitation facilities, or may share sanitation facilities with the

existing structure, as defined in California Government Code Section 65852.22.

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16

18.06.050 Exceptions to development standards.

In conjunction with the specific development standards set forth in Tables B and C of this

chapter, the following specific development regulations shall apply:

. . .

E. Development Standards for Exceptional, Substandard and Severely Substandard

Lots. This section sets forth standards for development on substandard or severely

substandard lots, which are defined in the zoning code definitions in Section 18.02.040.

1. Exceptional lots shall be subject to the R-1 development standards set forth in Table B

of this chapter, unless otherwise specified.

2. Development on substandard or severely substandard lots, other than exceptional lots,

shall meet all standards set forth in Tables E and F of this chapter, respectively, unless

otherwise specified. Project design review pursuant to Chapter 14.37 is required for all

development, including additions and accessory structures but not including any wholly

within existing developmentstreamlined accessory dwelling unit, as defined in Section

18.33.030, on any substandard or severely substandard lot or building site except as

provided in subsection (E)(3) of this section.

3. Coastal Act Consistency. The exception to development standards for substandard,

severely substandard, and exceptional lots set forth in this subsection shall only be applied

in full conformity with coastal development permitting requirements pursuant to Sections

30600 and 30610 of the Coastal Act and Title 14 Sections 13250, 13252, and 13253 of

the California Code of Regulations and Sections 18.20.025 and 18.20.030 of the zoning

code.

76

ATTACHMENT 2

ADU Ordinance Concordance with State ADU Law

1

Chapter 18.33


18.33.010 Purpose.



accessory dwelling units to locate on lots that contain existing or proposed single-

family dwellings and existing two-family and multifamily dwellings;













required.



a. An accessory dwelling unit that is wholly within an existing single-

family dwelling that does not involve the removal or replacement of

major structural components (e.g., roofs, exterior walls, foundations),

and that does not change the size of the structure or intensity of use,

does not constitute “development” as defined in Public Resources

Code Section 30106 and Section 18.20.020(C) and does not require a

coastal development permit. Such an accessory dwelling unit changes

the intensity of use if it primarily involves the creation of new habitable

space.















77

ATTACHMENT 2


2


18.33.020 (A)(2)(c).









newspaper; and





















development director shall act on all required permits within sixty days of

receipt of a complete application.



approved under this Chapter. Notwithstanding the foregoing, applicants may seek











Commented [A1]: Per Government Code § 65852.2(a)(3)

78

ATTACHMENT 2


3

this section does not count toward the allowed density for the lot upon which the unit

is located.




zoning ordinance.

18.33.030 Standards for streamlined accessory dwelling units.









provide fire sprinklers unless fire sprinklers are required for the single-family

dwelling.














C-G, PUD, or PUD-X zoning district.

2. The lot on which the accessory dwelling unit or junior accessory dwelling

unit is located contains an existing or proposed single-family dwelling.

3. The lot on which the accessory dwelling unit or junior accessory dwelling

unit is located does not contain another accessory dwelling unit, junior

accessory dwelling unit, or guest house, unless a junior accessory dwelling

unit is built pursuant to this Subsection (B) and an accessory dwelling unit is

built pursuant to Subsection (C).





egress.

5. The accessory dwelling unit has exterior access independent from the

single-family dwelling.

Commented [A2]: Per Government Code §

65852.2(a)(1)(C)

Commented [A3]: Per Government Code § 65852.2(a)(8)

Commented [A4]: Per Government Code § 65852.2(e)(3)



79

ATTACHMENT 2


4

6. The single-family dwelling or accessory structure has side and rear

setbacks sufficient for fire and safety. If the dwelling or structure complies

with the city’s setback requirements as described in this code, it shall

automatically meet this standard.



































dwelling.




18.33.040 Standards for other accessory dwelling units.

Any accessory dwelling unit that does not meet the criteria of Section 18.33.030 shall meet

the following development standards and use restrictions:


65852.2(e)(1)(A)


65852.2(e)(1)(B)


65852.2(e)(1)(C)


65852.2(e)(1)(D)

80

ATTACHMENT 2


5




Plan.


proposed dwelling unit.




single-family dwelling located on the same lot in the same zoning district. These

requirements include, but are not limited to, building height, setback, site coverage,

floor area ratio, building envelope, payment of any applicable fee, and building code

requirements. The following exceptions to these requirements apply:






2. The distance between buildings on the same lot must be a minimum of

six feet.


shall not apply.



feet.



a. If the accessory dwelling unit is attached to a primary dwelling or

visible from any public sidewalk or right-of-way, the accessory dwelling

unit shall use similar exterior siding materials, colors, window types,

door and window trims, roofing materials, and roof pitch as primary

dwelling.


a public street, the entrance to the accessory dwelling unit shall face


least 10 feet from any property line.

c. For accessory dwelling units attached to the primary dwelling unit,

new entrances and exits are allowed on the side and rear of the

structures only.





dwelling unit.

6. The accessory dwelling unit is not required to provide fire sprinklers

unless fire sprinklers are required for the primary dwelling.


65852.2(a)(1)


65822.2(a)(1)(D)(ii)


65852.2(a)(1)(B)(i)


65852.2(a)(1)(D)(iv)


65852.2(a)(1)(B)(i)


65852.2(c)(2)(C)


65852.2(a)(1)(D)(vi)


65852.2(a)(1)(D)(xii)

81

ATTACHMENT 2


6








bedroom).

F. Limits on lot coverage, floor area ratio, open space, and lot size shall not be used

to reduce the gross floor area of the accessory dwelling unit below eight hundred

square feet or the height of the accessory dwelling unit below sixteen feet.




time to time.

G. Parking.


unit, in addition to the spaces required for the primary dwelling, shall be

provided for units within the following portions of neighborhood areas, as

depicted in Figure 18.33-1:










east.





east.










Section 18.36.080.

Commented [A19]: Per Government Code § 65852.2(c)



Commented [A22]: Per Government Code § 65852.2(d)

82

ATTACHMENT 2


7
























rented for shorter terms or subleased. Neither the primary dwelling nor the

accessory dwelling unit shall be sold or otherwise conveyed separately from the other

unit, except pursuant to California Government Code Section 65852.26.











65852.2(a)(1)(D)(i)

83

ATTACHMENT 2


8







options apply:


proposal(s) for combined review by the city. If the applicant makes this election, he

84

ATTACHMENT 2


9


18.33.020.





other proposal(s).



18.33.060 Conformance with certified local coastal program.

















18.33.070 Declaration of restrictions.

Any declaration of restrictions regarding owner occupancy previously recorded in conjunction

with development of an accessory dwelling unit remains valid and binding on any successor

in ownership of the property, unless the accessory dwelling unit is removed.














Commented [A24]: Per Government Code § 65852.2(k)


64842.2(a)(6).

Commented [A26]: Per Government Code § 65852.2(f)

85

ATTACHMENT 2


10









86

ATTACHMENT 2


11







an accessory structure must be enclosed, and therefore does not include structures such as

fences, carports, decks, pools, or pergolas.



as a primary dwelling unit. It shall include permanent provisions for living, sleeping, eating,

cooking, and sanitation. An accessory dwelling unit also includes the following: (1) an

efficiency unit, as defined in Health and Safety Code Section 17958.1, and (2) a

manufactured home, as defined in Health and Safety Code Section 18007.


Section 17958.1.





87

ATTACHMENT 2


12




. . .


















code.

88

ATTACHMENT 3 December 10, 2019 Planning Commission Minutes - Excerpts Page 1 of 3

MINUTES - EXCERPTS

CITY OF HALF MOON BAY PLANNING COMMISSION

TUESDAY, DECEMBER 10, 2019

EMERGENCY OPERATIONS CENTER (EOC) / 537 KELLY AVENUE Chair Holt called the meeting to order at 7:00 PM PRESENT: Chair Holt, Commissioners Benjamin, Polgar and Ruddock TELECONFERENCE: Commissioner Hernandez PLEDGE OF ALLEGIANCE AND ROLL CALL

Chair Holt led the Pledge of Allegiance. PUBLIC HEARING ITEM 1.A - DESCRIPTION: Amendments to the Half Moon Bay Municipal Code, Title 18, Zoning Ordinance, comprising the Local Coastal Implementation Plan, to comply with State law by amending Chapter 18.33 Accessory Dwelling Units. Additional code amendments related to implementation of the amended Accessory Dwelling Unit (ADU) Chapter are included with this ordinance CITY FILE # PDP-19-102 LOCATION: Citywide APPLICANT: City of Half Moon Bay Jill Ekas, Community Development Director and Sara Clark, Deputy City Attorney; presented item to the Planning Commission. Planning Commission Clarifying Questions: Q: Are short-term rentals banned in all streamlined ADUs? A: Yes. Also, the City ordinance does not allow short-term rentals in any ADUs other than those that were grandfathered in the 2018 code amendment. 89


Q: ADUs in PUDs – nuance about attached verses with existing structures? A: State law requires that ADUs be allowed in all residential areas; wholly within ADUs for the PUDs is proposed because this development form will not impact visual resources. Q: What is “attached” defined as? A: Referring to additions to additional building square footage Q: AB 587 – sale of ADU under special circumstances – 30 years affordability. Do we have discretion to make it longer? A: No, State law is narrow and specially tailored for this provision. Q: Regarding State law – could a version of the ordinance showing concordance be made available? A: Yes, and not that about 90-95% of the provisions are imposed by State Law. Q: Do proposed fee changes cover our costs for processing an ADU permit? A: Yes, the cost to process is mostly covered. Q: For legalizing non-conforming development, can the city consider/require insulation, traffic, safety, etc.? A: Cannot modify street frontage, can impose building and fire codes to ensure safety. Q: If a single family residence (SFR) and ADU proposed, is the SFR streamlined? A: Half Moon Bay City code will allow parallel review. A certificate of occupancy would be required for the S.F. before or concurrent with the ADU. Q: If converting existing non-livable space, such as a garage, is parking lost if a streamlined ADU? A: Yes, unless in a defined area where street parking for coastal access is a priority. Q: Emergency situations – 17.06.025 – provides for limiting Measure D certificates in the event of lack of infrastructure of endangerment to public health and safety. Would ADUs be limited by this? A: Staff will need to research this situation; however, it does not affect the proposed ADU ordinance, and ADUs require Measure D certificates. Q: What would be an accessory “structure?” A: Structures that are already enclosed. Q: Does floor area ratio (FAR) apply? A: Only applies to ADUs over 800 square feet Q: How many ADUs are allowed? A: Depends on the existing development. Q: Are RV’s allowed? A: No. Q: PUDs – Why was this decision made? A: ADUs must be allowed where zoning allows residential – not just residential zones. The proposed ordinance is making an exception related to the Coastal Act by limiting ADUs in PUDs to wholly within based on visual resource designation of PUDs. Homeowners associations can no longer prohibit ADUs. Q: Can we anticipate ADUs in Ocean Colony? A: Yes. For example, some residents have expressed that ADUs would be beneficial for aging in place, supplemental income, and companionship. Bringing the ordinance forward at this time is 90


the only way to implement local control. January 1, 2020 will revert to State law until the local ordinance complies with new State law. PUBLIC COMMENT

1) Mike Ferreira, Sierra Club - addressed this issue in the past regarding PUDs. Council was emphatic about taking two major PUDs out the code. State law said zoned for housing, PUD doesn’t do that. Now we are compromising; legislature doesn’t compromise. Law hasn’t changed in that regard. Planning Commission is being requested to go against City Council.

2) Jules Sofer, resident - RV’s’ and trailers in Arleta Park. Could we expect to see a lot more of this?

3) Tim Pond, resident – he has designed 10-20 ADUs on the Coastside. Smaller houses are the only way to go and can be completely energy efficient.

Planning Commission Clarifying Questions and Comments

• Agree with intent of State law and the housing emergency situation. Need to do what we can to support affordable housing. Also agree it’s messy; however, ADUs are means to protect our most sensitive resource’s while providing housing.

• Need to look into Muni Code 17.06.025. New ADUs will result in more commuters if no new jobs; concerned about allowing development in flood zones.

• This requires implementing regulations for which the City does not have discretion; wants to see concordance

• Appreciates recognition of hazards, ESHA and coastal access.

• Agree to charge impact fees for larger ADUs and to charge for Measure Ds. Should also charge to incentivize smaller ADUs.

• Staff: Couldn’t convert a carport to ADU. Have to replace if in the 4 parking areas.

• Ocean Colony – What about the way the roads were built and the parking; what about additional cars?

Motion made as written in the staff report with the text changes – 1) Provide concordance with State law regulations for City Council. 2) Add a definition of “structures” specific to ADUs into the ordinance language. 3) Consider legality of short-term rental deed restriction. 4) Support impact fees for over ADUs larger than 750 square feet.

M/S: Ruddock/Benjamin VOTE: 4-1 (Benjamin dissenting)

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ORDINANCE NO. C-2018-______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY

AMENDING CHAPTER 18.33 “ACCESSORY DWELLING UNITS” AND RELATED PROVISIONS OF THE ZONING AND SUBDIVISION TITLES OF THE HALF MOON BAY MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF HALF MOON BAY DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Half Moon Bay hereby amends Chapter 18.33 “Accessory Dwelling Units” and related provisions of the Zoning and Subdivision Titles of the Half Moon Bay Municipal Code (“ADU Ordinance Amendment”). The City Council finds and declares as follows:

(a) The State of California recently enacted changes to Government Code section 65852.2 to impose specific requirements on local government regulation of accessory dwelling units (ADUs), which became effective on January 1, 2020; and (b) The California Coastal Commission issued memos on April 18, 2017 and November 20, 2017 to provide guidance to jurisdictions located within the California Coastal Zone for implementing amendments to their Local Coastal Programs (LCPs) to be consistent with revised Government Code section 65852.2; and (c) The City of Half Moon Bay, which is located fully within the Coastal Zone, seeks to revise its regulations as they pertain to ADUs for them to be consistent with Government Code section 65852.2 and the California Coastal Act, pursuant to the Coastal Commission guidance; and (d) ADUs provide a community benefit by expanding the number and type of residential facilities available and assist ADU owners by providing additional affordable space for housing family or friend and/or revenue that may be used for maintenance, upgrades and other costs; and (e) If not regulated, ADUs can create nuisances such as overcrowding, illegal vehicle parking, and traffic-flow disruptions. The restrictions of the ADU Ordinance Amendment are necessary to prevent a burden on City services and potential adverse impacts on residential neighborhoods posed by ADUs; and (f) The Planning Commission conducted a duly noticed public hearing on the ADU Ordinance Amendment on December 10, 2019, at which time all those desiring to be heard on the matter were given an opportunity to be heard, and recommended the proposed ADU Ordinance Amendment for adoption by the City Council; and (g) The ADU Ordinance Amendment is consistent with Government Code section 65852.2 and the Coastal Act in so far as it attempts to comply with the standards in

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section 65852.2 to the greatest extent feasible while including several limited modifications to protect coastal resources; and (h) Requiring ADUs to provide ADU and replacement parking within certain neighborhoods adjacent to publicly accessible beaches will protect coastal act resources, namely coastal access; and (i) Requiring ADUs to comply with Measure D, while eliminating Measure D fees and modifying the allocation of points for ADUs, is consistent with the City’s LCP, which includes residential growth allocations to protect coastal resources; and (j) Requiring ADUs to obtain administrative coastal development permits, subject to limited exemptions enacted as part of the ADU Ordinance Amendment, is necessary to implement the California Coastal Act, as explained in the coastal commission guidance; and (k) Prohibiting ADUs in the Open Space Reserve (OS-R) and Urban Reserve (U-R) zoning districts is necessary to support the City’s LCP, which is intended to limit residential development in these districts for as long as possible; and (l) Limiting ADUs in the Planned Unit Development (PUD and PUD-X) zoning districts to units within existing structures is necessary to support the City’s LCP, which identifies these areas for visual resource protection; and (m) The ADU Ordinance Amendment is consistent with the City’s Local Coastal Land Use Plan, in that it includes mechanisms to ensure protection of coastal resources and requires ADUs to comply with the Plan’s limitations on residential growth; and (n) The ADU Ordinance Amendment is consistent with the City’s Housing Element, which contains a policy to “encourage the development of affordable second units,” because the ADU Ordinance Amendment is intended to reduce barriers to the creation of ADUs.

Section 2. Amendments. The following sections of the Municipal Code are amended as specified below and in Attachment A. Attachment A generally shows additions with underlined text and deletions with strike out text.

Municipal Code Provision

Action

Chapter 18.33 Amendments as shown in Attachment A



Section 3. Severability. If any section, 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

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jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council herby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4. CEQA. The City Council finds that the Ordinance is exempt from CEQA under Public Resources Code section 21080.17, as it implements the provisions of Government Code section 65852.2, as well as CEQA Guidelines sections 15305 (minor alterations to land use limitations) and 15061(b)(3) (common sense exemption). Section 5. Publication. The City Clerk of the City of Half Moon Bay is hereby directed to publish this Ordinance pursuant to Government Code section 36933. Section 6. Effective date. This Ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage. INTRODUCED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 21st of January, 2020. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the _____ of ___________, 2020, by the following vote: Ayes, Councilmembers: __________________________________ Noes, Councilmembers: __________________________________ Absent, Councilmembers: __________________________________ Abstain, Councilmembers: __________________________________

ATTEST: APPROVED: ________________________________ ______________________________

Jessica Blair, City Clerk Adam Eisen, Mayor

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Chapter 18.33


18.33.010 Purpose.



accessory dwelling units to locate on lots which that contain an existing or proposed

single-family dwellings and existing two-family and multifamily dwellings;













required.



a. An wholly within existing development accessory dwelling unit that

is wholly within an existing single-family dwelling,, as defined in Section

18.33.030, that does not involve the removal or replacement of major

structural components (e.g., roofs, exterior walls, foundations), and

that does not change the size of the structure or intensity of use, does

not constitute “development” as defined in Public Resources Code

Section 30106 and Section 18.20.020(C) and does not require a

coastal development permit. A wholly within existing development

Such an accessory dwelling unit changes the intensity of use if it

primarily involves the creation of new habitable space.














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18.33.020 (A)(2)(c)this section.









newspaper; and





















development director shall act on all required permits within one hundred and

twentysixty days of receipt of a complete application.



approved under this cChapter. Notwithstanding the foregoing, applicants may seek











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this section does not count toward the allowed density for the lot upon which the

accessory dwelling unit is located.




zoning ordinance.

18.33.030 Standards for wholly within existing development accessory dwelling

unitsstreamlined accessory dwelling units.









provide fire sprinklers unless fire sprinklers are required for the primary

dwelling.














or C-G, PUD, or PUD-X zoning district.

2. B. The lot on which the accessory dwelling unit or junior accessory

dwelling unit is located contains an existing or proposed single-family dwelling.

3. C. The lot on which the accessory dwelling unit or junior accessory

dwelling unit is located does not contain another accessory dwelling unit,

junior accessory dwelling unit, or guest house, unless a junior accessory

dwelling unit is built pursuant to this Subsection (B) and an accessory dwelling

unit is built pursuant to Subsection (C).





egress.

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D5. The accessory dwelling unit has exterior access independent from the

existing single-family dwelling.

E6. The existing single-family dwelling or accessory structure has side and

rear setbacks sufficient for fire and safety. If the existing dwelling or structure

complies with the city’s setback requirements as described in this code, it

shall automatically meet this standard.



































dwelling.




F. The accessory dwelling unit or junior accessory dwelling unit complies with

applicable building codes and health and safety regulations; however, the accessory

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dwelling unit or junior accessory dwelling unit is not required to provide fire sprinklers

if fire sprinklers are not required for the single-family dwelling.

G. The single-family dwelling or accessory structure was constructed in compliance

with all then-applicable city requirements or was in existence on December 12,

2018.

H. The accessory dwelling unit may be rented in full or in part for the purpose of


rented for overnight lodging for shorter terms or subleased. Neither the single-family

dwelling nor the accessory dwelling unit shall be sold or otherwise conveyed

separately from the other unit.

1. Notwithstanding the above, the accessory dwelling unit may be

rented in full or in part for the purpose of overnight lodging for a term

of fewer than thirty consecutive days if (a) the accessory dwelling unit

had been rented as a short-term rental for at least thirty nights in the

six months prior to December 12, 2018, (b) the single-family dwelling

is owner occupied, and (c) the short-term rental was in full compliance

with all city requirements as of December 12, 2018. In the event of

discontinued use of the accessory dwelling unit as a short-term rental

for a period of six months, the short-term rental use shall be deemed

discontinued and this exception shall no longer apply.

I. Either the single-family dwelling or the accessory dwelling unit is occupied by the


18.33.040 Standards for new developmentother accessory dwelling units.

Any accessory dwelling unit that involves the addition of square footage to an existing single-

family dwelling or accessory structure or the construction of a new detached structure, or is

proposed in conjunction with a new single-family dwelling,Any accessory dwelling unit that

does not meet the criteria of Section 18.33.030 shall meet the following development

standards and use restrictions:




Plan.


proposed single-family dwelling unit.




single-family dwelling located on the same parcel lot in the same zoning

district. These requirements include, but are not limited to, building height, setback,

site coverage, floor area ratio, building envelope, payment of any applicable fee, and

building code requirements. The following exceptions to these requirements apply:






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Detached accessory dwelling units shall have a minimum side setback of five

feet and minimum rear setback of ten feet.

2. If any portion of the accessory dwelling unit is located in front of the main

building, then the front and side yard setbacks shall be the same as a single-

family dwelling in the zoning district. The distance between buildings on the

same lot must be a minimum of six feet.

32. Notwithstanding subsection (D)(1) of this section, if the proposed

accessory dwelling unit is an addition to an existing private garage:

a. No setback shall be required for any portion of the existing private garage

that is converted to the accessory dwelling unit; and

b. Standard setbacks shall apply to the new floor area, unless the accessory

dwelling unit is constructed above the existing private garage, in which case

the side and rear setbacks for the accessory dwelling unit shall not be less

than five feet, and the front setback shall not be less than twenty feet.


shall not apply.



feet.



a. If the accessory dwelling unit is attached to a single-family primary

dwelling or visible from any public sidewalk or right-of-way, the

accessory dwelling unit shall use similar exterior siding materials,

colors, window types, door and window trims, roofing materials, and

roof pitch as the single-family primary dwelling.


a public street, Tthe entrance to the accessory dwelling unit shall face


least 10 feet from any property linethe interior of the lot unless the

accessory dwelling unit is directly accessible from an alley or a public

street.

c. For accessory dwelling units attached to the single-family primary

dwelling unit, new entrances and exits are allowed on the side and rear

of the structures only.





dwelling unit.

6. The accessory dwelling unit is not required to provide fire sprinklers if

unless fire sprinklers are not required for the primary single-family dwelling.





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bedroom). and

F. the gross floor area of the accessory dwelling unit and other buildings on the lot

shall not exceed the maximum floor area ratio.Limits on lot coverage, floor area ratio,

open space, and lot size shall not be used to reduce the gross floor area of the

accessory dwelling unit below eight-hundred square feet or the height of the

accessory dwelling unit below sixteen feet.




time to time.

G. Parking.


unit, in addition to the spaces required for the single-family primary dwelling,

shall be provided for units within the following portions of neighborhood

areas, as depicted in Figure 18.33-1:










east.





east.










Section 18.36.080.




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rented for shorter terms or subleased. Neither the single-family primary dwelling nor

the accessory dwelling unit shall be sold or otherwise conveyed separately from the

other unit, except pursuant to California Government Code Section 65852.26.










J. Either the single-family dwelling or the accessory dwelling unit is occupied by the


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options apply:

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proposal(s) for combined review by the city. If the applicant makes this election, he


18.33.020.





other proposal(s).



18.33.060 Converted parking.

When a private garage, carport, or covered parking structure is demolished or converted in

conjunction with the construction of an accessory dwelling unit, the spaces contained in

such structures shall be replaced to the extent they are required to meet the numerical

parking requirements in Chapter 18.36. The replacement spaces may be located in any

configuration on the same lot as the accessory dwelling unit, including, but not limited to,

enclosed spaces, unenclosed spaces, or tandem spaces, or by the use of mechanical

automobile parking lifts; provided, that the spaces and driveway comply with the

requirements found in Sections 18.06.040(D) and (E), to the extent those requirements do

not conflict with this chapter.

18.33.070 060 Conformance with certified local coastal program.

















18.33.080 070 Declaration of restrictions.

Before obtaining a building permit for an accessory dwelling unit, the property owner shall

file with the county recorder aAny declaration of restrictions regarding owner occupancy

previously recorded in conjunction with development of an accessory dwelling unit remains

valid and binding on any successor in ownership of the property, unless the accessory

dwelling unit is removed.

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containing a reference to the deed under which the property was acquired by the present

owner and stating that:

A. Neither the single-family dwelling nor the accessory dwelling unit shall be sold or

otherwise conveyed separately from the other unit, either directly or indirectly.

B. The accessory dwelling unit is a permitted use only so long as either the main

residence or the accessory dwelling unit is occupied by the owner of record as his or

her principal residence, subject to Section 18.33.030(I) or 18.33.040(J).

C. The restriction is binding on any successor in ownership of the property; lack of

compliance will result in the accessory dwelling unit becoming an illegal,

nonconforming use subject to the code enforcement and abatement proceedings

established by this code.

D. The deed restrictions shall lapse upon removal of the accessory dwelling unit.






















18.33.100 Owner occupied exception.

The owner occupancy requirement in Sections 18.33.030(I), 18.33.040(J) and

18.33.080(B) may be waived by the community development director for a period not to

exceed two years in any ten-year period upon a finding of hardship due to medical, family,

employment or other special circumstances provided the owner retains ownership and

establishes his or her intent to maintain the single-family dwelling or accessory dwelling unit

as his or her primary residence.

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an accessory structure must be fully enclosed, and therefore does not include structures

such as fences, carports, decks, pools, or pergolas.



as a single-familyprimary dwelling unit. It shall include permanent provisions for living,

sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes the

following: (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1, and

(2) a manufactured home, as defined in Health and Safety Code Section 18007.


Section 17958.1.

Dwelling, Accessory or Second. “Second or accessory dwelling” means a detached or

attached dwelling unit located on a single-family residential lot that contains a one-family

dwelling.

“Second dwelling unit” means a detached or attached permanent dwelling unit located

within a residential zone on a lot which contains a single-family dwelling. A second unit

provides complete, independent living facilities for one or more persons, including

permanent provisions for living, sleeping, eating, cooking, sanitation, and parking. A second

unit may be attached to or detached from the primary dwelling. Second dwelling units are

governed by Chapter 18.33, titled “Second Dwelling Units.”





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. . .


















code.

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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager FROM: John Doughty, Public Works Director Jennifer Chong, Public Works Program Manager TITLE: SUMMARY REPORT FROM THE CLIMATE ACTION AND ADAPTATION PLAN

(CAAP) OUTREACH PILOT PROJECT ______________________________________________________________________________ RECOMMENDATION: Receive a summary report on the Climate Action and Adaptation Plan (CAAP) Outreach Pilot Project. FISCAL IMPACT: The City received a $60k grant from San Mateo County to conduct the CAAP Outreach Pilot Project. No other funds were used. STRATEGIC ELEMENT: This action supports the Infrastructure and Environment, Healthy Communities and Public Safety, Fiscal Sustainability, and Inclusive Governance Element of the Strategic Plan. BACKGROUND: As part of the priority setting workshop, City Council identified sustainability as one of the top five priorities for FY 2019-20. In response, staff prioritized developing the City’s first Climate Action and Adaptation Plan (CAAP) and subsequently submitted a grant application to San Mateo County to fund the City’s CAAP Outreach Pilot Project (Pilot Project). In July, the City was notified that it was one of two pilot projects selected for funding and was awarded $60k. The Pilot Project was pursued as a way to help the City educate the community on climate change as well as gather data on the community’s greatest climate change concerns. Recognizing the City Council’s commitment to working with vulnerable populations and building partnerships with community-based organizations (CBOs), staff enlisted the support of three local CBOs to collaborate on this project. The Senior Coastsiders, Youth Leadership Institute (YLI), and Ayudando Latinos A Soñar (ALAS) (collectively referred to as the Partners) were brought in to facilitate climate change outreach events to the senior, youth, and the Latino

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populations, respectively. A climate change presentation was also held in partnership with Abundant Grace, which focused on engaging with the homeless population. The Partners have conducted 15+ climate change outreach events over the last four months. Events included focus groups, movie screenings, mural paintings, climate change presentations and workshops, a virtual reality experience, and facilitated discussions. Educational and interactive climate change boards were also displayed at the Senior Coastsiders as an additional means of data collection and passive outreach. The data gathered from these events have been compiled and will be presented by the Partners and their respective community leaders at the City Council meeting on January 21, 2020. DISCUSSION: A Climate Action Plan (CAP) serves as a local jurisdiction’s formalized response to climate change. The City is looking to develop a Climate Action and Adaptation Plan (CAAP), which is a version of a CAP that puts equal emphasis on reducing carbon emissions as well as adapting to the present and future consequences of climate change. Staff believes adopting a comprehensive CAAP is an essential piece to building a successful sustainability program. In order for a CAAP to truly reflect the needs of the whole community, extensive and targeted outreach efforts are needed. Often times, these outreach efforts are focused on a draft document. While this is a perfectly acceptable, and sometimes necessary, approach to developing a CAAP, it can also result in missed opportunities to engage community members in the earlier stages of the CAAP development process. The CAAP Outreach Pilot Project represented an opportunity to formalize a more innovative approach to developing the City’s CAAP by conducting extensive outreach prior to drafting the document and related policies. Staff worked with the Partners, County of San Mateo (County), and County consultants (Ecology and Environment and Urban Permaculture Institute) to develop targeted curriculum that the Partners could use to educate and engage with their respective populations. This pilot project is the first step in the City’s ongoing efforts to create a comprehensive CAAP. Recommendations and findings from the pilot project will be used to develop the CAAP document with the ultimate goal of the final CAAP being a true representation of the community’s concerns and needs as they relate to climate change. Staff is in the process of finalizing the Request for Proposals (RFP) for a CAAP-writing consultant and intends to bring a service contract before the City Council for approval in the coming months.

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AGENDA REPORT


TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager FROM: Matthew Chidester, Deputy City Manager TITLE: SEA HORSE RANCH LICENSE AGREEMENT ______________________________________________________________________________ RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a License Agreement with Sea Horse Ranch, for non-exclusive use of City property along Poplar Beach, for a term of six years, at an initial annual rate of $13,281, with 3 percent annual increases throughout the Term. FISCAL IMPACT: The License Agreement will generate more than $85,000 in revenue over the six-year term, which will be deposited into the General Fund and dedicated to preservation of the bluffs and trails at Poplar Brach Park. Sea Horse Ranch will also pay for a significant portion of and repairs made to the vertical access point utilized by horseback riders entering the beach. STRATEGIC ELEMENT: This recommendation supports the Healthy Communities and Public Safety and Infrastructure and Environment elements of the Strategic Plan. BACKGROUND: The City of Half Moon Bay owns and maintains Poplar Beach and the span of the California Coastal Trail and horse trail between Kelly Avenue and the Seymour Pedestrian Bridge south of Poplar Street. Sea Horse Ranch is a commercial recreational equestrian business located at 1828 North Cabrillo Highway. The City and Sea Horse Ranch entered into a License Agreement in 2011 to allow the non-exclusive, commercial use of specified portions of the trail, beach access points and Poplar Beach. The License Agreement had an initial five-year term ending on December 31, 2015. The agreement also provides for automatic renewal of successive five-year terms unless either party gives written notice of intent to not renew the agreement at least one year prior to the expiration of the term of the agreement. Neither party issued intent to not renew the agreement prior to December 31, 2014, thereby establishing a second five-year term set to expire on December 31, 2020.

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In 2018, Community input and observations by City Council and staff raised concerns about the operation of this commercial equestrian use on City-owned land for trail and beach rides at Poplar Blufftop Park and on Poplar Beach. Concerns focused on health, environmental, and nuisance impacts associated with horse manure on the beach and trails, as well as in watercourses, including Pilarcitos Creek. The predominate equestrian user of the access points to the beach is Sea Horse Ranch. Concerns were also raised about the operations of Sea Horse Ranch on their property located at 1828 Cabrillo Hwy, which are not subject to the agreement. Allegations of fire, environmental health and municipal code violations were reported, and City staff along with other agencies investigated the allegations and have been working with Sea Horse Ranch to resolve any confirmed violations. City Council held a discussion on these issues at their meeting on December 4, 2018. At that meeting, they directed staff to investigate the concerns and work with Sea Horse Ranch to negotiate a new agreement that would address the issues. They also directed staff to issue a Notice of Non-Renewal of the existing agreement prior to the December 31, 2019 deadline. Staff timely issued the Notice of Non-Renewal; thus, absent any further agreement of the parties, the current agreement will expire on December 31, 2020. DISCUSSION: Over the last year, staff from the City and Sea Horse Ranch have met regularly to work on the matters previously raised at the 2018 Council Meeting and negotiate a new license agreement. The attached agreement represents these efforts, and addresses the concerns as follows:

• The Term of the Agreement is effective February 1, 2020 and expires on December 31, 2025. The current agreement terminates concurrent with the effective date of the new Agreement.

• The use of City property does not change under the terms of the new Agreement, but Sea Horse Ranch will pay 80% of the costs for work done to improve and protect the vertical access point they primarily use.

• The Concession Fee for the use of City property increases approximately 30% over the fee paid in 2019. The fee increases by 3% each year of the Term.

• All horse waste on Poplar Beach will be removed by Sea Horse Ranch, regardless of its source. The Agreement contains a schedule for the frequency of removal ranging from 2-3 times per day on which Sea Horse Ranch operates, and on-call for significant issues at the discretion of the City.

• No other commercial activities are authorized by the Agreement. If other affiliated operations are desired, including the independent photographer that photographs the rides, those businesses will be required to negotiate a separate agreement with the City.

• The City has the right to terminate the Agreement for any uncured defaults, as well as with notice through a public hearing process to ensure the overall health or safety of public due to the use, or for violations of the law.

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City staff has also coordinated with the Coastside Fire Protection District and County Environmental Health Department to investigate and resolve code violations on the Sea Horse Ranch property. Many of the violations have been resolved and the outstanding violations have plans and schedules for resolution, subject to the approval of the agencies within their jurisdiction, including the City. ATTACHMENTS:

1. Resolution authorizing the City Manager to execute a License Agreement with Sea Horse Ranch, for non-exclusive use of City property along Poplar Beach, for a term of six years, at an initial annual rate of $13,281, with 3% annual increases throughout the Term

2. Draft License Agreement between the City and Sea Horse Ranch

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH SEA HORSE RANCH, FOR

NON-EXCLUSIVE USE OF CITY PROPERTY ALONG POPLAR BEACH, FOR A TERM OF SIX YEARS, AT AN INITIAL ANNUAL RATE OF $13,281, WITH 3% ANNUAL INCREASES THROUGHOUT THE

TERM

WHEREAS, City is the owner of certain real property along the beach and bluffs between Kelly Avenue and Seymour Street which includes, among other things, a designated horseback riding trail, Poplar Beach Park, and a portion of the California Coastal Trail; and

WHEREAS, Sea Horse Ranch owns and operates a commercial horseback riding

enterprise located in Half Moon Bay; and WHEREAS, City and Sea Horse Ranch entered into a License Agreement dated January

19, 2011, which expires on December 31, 2020 and authorizes Sea Horse Ranch to use the City’s property, on a non-exclusive basis, for commercial horseback riding activities along the Horse Trail and Poplar; and

WHEREAS, at their regular meeting on December 4, 2018, the City Council of Half Moon

Bay directed staff to negotiate a new agreement with Sea Horse Ranch, which better defines the roles and responsibilities of each party regarding the use and maintenance of the City’s property and updates the terms and conditions within which Sea Horse Ranch operates, as well as to address concerns about horseback operations on Poplar Beach expressed by the community, staff, the Council and Sea Horse Ranch; and

WHEREAS, the City and Sea Horse Ranch have negotiated a new agreement that will

authorize the non-exclusive the use of City property along Poplar Beach by Sea Horse Ranch for commercial horseback riding activities, for a term of six years; and

WHEREAS, upon the commencement of the new agreement, the previous agreement

will terminate. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay

hereby authorizes the City Manager to execute a License Agreement with Sea Horse Ranch, for non-exclusive use of City property along Poplar Beach, for a term of six years, at an initial annual rate of $13,281, with 3% annual increases throughout the Term.





113


114

LICENSE AGREEMENT

This License Agreement (“Agreement”) is entered into this ___ day of ___________,

2020, by and between the CITY OF HALF MOON BAY, a Municipal Corporation (“City”) and

SEAHORSE RANCH, a limited partnership registered with the State of Nevada and authorized to

do business in the state of California (“Licensee”).

RECITALS

WHEREAS, City is the owner of that certain real property designated as Assessor’s

Parcel Numbers 056-093-210; 056-122-080; 064-011-100; 064-031-120; 064-151-070; 064-

410-010; 064-151-080 and the adjacent beach up to the mean high-tide line, located between

Kelly Avenue and Seymour Street, in the City of Half Moon Bay (“Property”), which Property

includes, among other things, a designated horseback riding trail (“Horse Trail”) and Poplar

Beach Park (“Poplar”), which together comprise the Premises, as shown in Exhibit A (“Site Plan

of Premises”), attached hereto; and

WHEREAS, the Property also includes a segment of the California Coastal Trail

(“Coastal Trail”), which is a designated multi-purpose non-motorized trail, which is crossed by

a perpendicular connection between the Horse Trail and Poplar as shown on Exhibit A; and

WHEREAS, Licensee owns and operates a commercial horseback riding enterprise located

in Half Moon Bay; and

WHEREAS, City and Licensee entered into a License Agreement dated January 19,

2011 (“Previous Agreement”), which expires on December 31, 2020 and authorizes Licensee to

use the Premises, on a non-exclusive basis, for commercial horseback riding activities along the

Horse Trail and Poplar; and

WHEREAS, City and Licensee desire to enter into a new agreement which better defines

the roles and responsibilities of each party regarding the use and maintenance of the Premises

and updates the terms and conditions within which Licensee shall operate on the Premises; and

WHEREAS, City hereby authorizes Licensee, on a non-exclusive basis, to use and

maintain the Premises upon the terms and conditions set forth below.

AGREEMENT

NOW, THEREFORE, in consideration of the above recitals and mutual covenants herein

set forth, the parties agree as follows:

1. Term: This Agreement shall be effective for a term (the “Term”), beginning on

February 1, 2020 (the “Effective Date”) and expiring on December 31, 2025 (the

“Expiration Date”), unless terminated by the City as set forth in Section 16 herein.

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a. Previous Agreement: The Previous Agreement shall terminate upon the Effective

Date and neither party shall have any further obligations under the terms of the

Previous Agreement, unless specifically set forth in the Previous Agreement as a

term or condition that survives termination or expiration.

b. Extended Term: Upon mutual written agreement between the City and Licensee,

this Agreement may be extended for an additional five (5) years or as otherwise

agreed to by the Parties (the “Extended Term”). Prior to the expiration of the

fifth year of the term (December 31, 2024), Licensee shall provide notice of its

intent to seek renewal and the City and Licensee shall meet to discuss extension

of the Agreement. If mutual agreement is not reached on extending the Term,

the Agreement shall expire on the Expiration Date.

2. Use: The City hereby grants to Licensee, its agents, contractors, and employees, the

non-exclusive right to use and maintain the Premises for commercial horseback

riding activities, in accordance with the terms and conditions contained herein.

a. Notwithstanding the above, Licensee acknowledges that the Property and

Premises are City facilities open to the public, which may be used by the public

for non-commercial recreation activities, subject to any laws, codes, ordinances

or polices which may be imposed by the City, now or in the future. The Property

and Premises may also be used by the City and/or its designees, Licensees or

tenants, for commercial or organized recreation activities, which shall not

unreasonably interfere with Licensee’s authorized use of the Premises.

b. Under the terms of this Agreement, Licensee and its agents, contractors and

customers shall only access the Beach via the Vertical Access shown on Exhibit

A (Site Plan of Premises), or any other access point deemed safe and reasonable

by both the City and Licensee.

i. Licensee acknowledges and agrees that any maintenance, repair or

improvement work required by City to provide safe access or prevent

erosion due to Licensee’s use of the Premises along the Vertical Access

shall be completed at City’s sole discretion, but shall include Licensee’s

input, and Licensee shall pay for at least eighty percent (80%) of the

actual cost of said work or improvements. Payment shall be made

following completion of the work and after City provides sufficient

documentation of the costs, and such payment may be made in equal

monthly installments over the remainder of the Term, beginning within

ninety (90) days of receipt of said documentation.

3. Consideration:

a. As Consideration for the use of the Premises, Licensee shall pay to City the

following annual sums (the “Concession Fee”):

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January 1, 2020 - December 31, 2020 $13,281






b. The Concession Fee shall be due and payable the first day of each month due (the

“Due Date”), and shall be late after the seventh day of each month. Late

payments shall incur a late fee of 10% (the “Late Fee”)

c. City and Licensee agree that Licensee’s activities as authorized by this agreement

are seasonal in nature, and that the total annual amount due shall be paid in equal

monthly installments from June through November of each year (“Peak Season”).

If the full annual sum has been paid by the Due Date in November of each year,

no payments shall be required from the following December through May (“Off-

Peak Season”).

4. General Responsibilities of Licensee: a. Licensee shall comply with all local, State and/or Federal requirements

applicable to any of its activities on the Premises and shall comply at all times

with laws and regulations related to its use of the Premises.

b. Licensee shall use commercially reasonable efforts towards ensuring the healthy

and safe operations of all its activities, including animals, employees,

contactors, volunteers, participants and the public.

c. During each respective use of the Premises, Licensee shall remove any litter or

debris created as a result of its operation.

d. Licensee shall be responsible for the removal of all horse manure and waste

within the Premises on the Horse Trail, Coastal Trail crossing, Vertical Access,

and Poplar Beach, on every day in which it operates, in accordance with the

following schedule:

Peak Season (June – November): 3x (Morning, Mid-Day, Evening)

Off-Peak Season (December – May): 2x (Morning, Evening)

Holidays/Heavy Rides (Peak and Off-Peak): 3x (Morning, Mid-Day, Evening)

Additionally, if the City observes or receives complaints about significant

amounts of horse waste on the Premises, the City may request that Licensee

immediately remove said waste, or remove the waste and bill Licensee for the

actual cost of the removal, including staff time.

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e. Licensee shall not permit the use of the Premises by any other user, except as

otherwise authorized, in writing, by the City. Any requests for commercial use

of the Premises shall be referred to the City.

5. General Responsibilities of City:

a. City shall maintain and repair the Premises in accordance with Section 6

(Maintenance, Repairs, and Alterations) below.

b. City shall provide Licensee with at least fifteen (15) days’ notice of any

planned, non-emergency maintenance, repairs, construction, or other

interruption of the Premises. City shall have the right to make any necessary

emergency repairs or maintenance, at its sole discretion, without prior notice. In

such cases, City will endeavor to provide notification to Licensee as soon as

possible.

c. City shall provide at least fifteen (15) days’ notice of and shall coordinate as

needed on any planned, non-emergency special events that may impact

operations of Licensee, including, but not limited to, use of the Horse Trail, the

Coastal Trail where it intersects with Licensee’s access, use of Poplar Beach for

commercial or other large events, and any other events or activities that may

interrupt or otherwise interfere with Licensee’s use of the Premises.

d. City shall use commercially reasonable efforts to enforce City ordinances, rules

and regulations, including but not limited to the dog leash rules, in order to

maintain the healthy and safe use of the Property by Licensee, which shall be

solely within the City’s discretion. The Parties acknowledge the financial

resources of the City may be limited and, accordingly, the City shall have the

right to determine operational and enforcement priorities.

6. Maintenance, Repairs, and Alterations:

a. Subject to the financial resources of the City, and except as set forth below, City

shall make reasonable efforts to maintain the Horse Trail and vertical access

point, and prevent excess water intrusion and mud, irregular surfaces, or other

tripping hazards. City and Licensee acknowledge and agree that City shall have

no responsibility for the physical condition of the beach portions of the

Premises, and shall not be held liable for conditions Licensee believes are unsafe

or unfit for use under this License.

b. If Licensee, its agents or contractors cause any damage to the Premises, or to

other City property and improvements in connection with the exercise of this

Agreement, Licensee shall repair and restore the Premises and Property to their

original condition. Licensee shall promptly perform the repair and restoration,

and in any event shall complete the work prior to the expiration of the

Agreement. Any uncompleted work may be performed by City and charged to

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Licensee, who shall promptly reimburse the City. This section shall survive

termination of this Agreement.

c. Any work by Licensee to improve or alter the Premises shall be at Licensee’s

sole cost and shall not be performed without written approval of the City prior to

commencement of work Licensee shall provide the City a minimum fifteen (15)

days’ notice of any proposed improvements or alterations unless deemed to be

an imminent risk to public health and safety. Licensee shall notify City within

24 hours following any emergency repair work. Licensee shall be responsible

for securing any required City approvals, permits, and authorizations for

improvements to the premises proposed by Licensee.

d. Licensee shall comply with state prevailing wage laws for any contract over

$1,000 for maintenance, alteration, demolition, installation, or repair work on

the Premises and any pre-construction work on the Premises that meet the

definition of public work under Labor Code sections 1771 and 1720, (unless an

applicable exception applies as determined to the reasonable satisfaction of the

City Attorney) including registering the contract with the Department of

Industrial Relations (DIR), requiring the contractor to register with DIR, and

including required notices in the contract.

7. Not Used

8. Assumption of Risk: Licensee hereby assumes all risk of damage to any property

under the control or custody of Licensee while upon the Premises or rights of way of

City or in proximity thereto.

9. The rights granted herein shall not be construed as a grant of title or any interest in the

real property affected and this Agreement shall not be recorded. The rights granted

herein shall not be construed to create any future obligation of either party in addition

to those expressly set forth herein. Except as is reasonable for the permitted uses as

outlined in Section 1 of this Agreement, Licensee agrees not to interfere with the

peaceful and quiet enjoyment of the Premises or neighboring properties.

10. The City makes no representation or warranty to Licensee or anyone else as to the

physical condition of the Premises. Licensee, its employees, volunteers, agents,

consultants, contractors or any party that enters the Premises in connection with this

Agreement shall enter onto the Premises at their own risk. Subject to Section 6a.

above, Licensee hereby acknowledges that it has inspected the Premises, and

represents that it is satisfied with the physical condition of the Premises.

11. Licensee, for itself, its successors and assigns, hereby waives, releases, remises,

acquits and forever discharges the City, of and from, any and all rights, claims, losses, 119

injuries, costs, damages, causes of action, demands, damages, expenses, penalties,

fines or compensation whatsoever, direct or indirect, which Licensee now has or which

Licensee may have in the future on account of or in any way arising out of or in

connection with (i) the use by Licensee (or Licensee’s agents, contractors, employees,

volunteers, or invitees) of the Agreement, and (ii) claims by third parties (or any right

to seek indemnity or contribution for such third party claims) that arise from personal

injury, damage or hazardous material exposure occurring on the Premises during the

Term (or any holdover period).

12. Indemnification and Hold Harmless: Licensee shall indemnify, defend (with counsel

reasonably acceptable to City), and hold harmless City, its officers, agents, employees,

consultants, contractors and representatives, and their respective heirs, legal

representatives, successors and assigns, and each of them, from and against any

claims, damages, costs, expenses, liabilities or losses of any kind, including,

without limitation, injury or death to persons (including, without limitation,

Licensee’s employees and contractors), or damage to property, and reasonable

attorney’s fees and litigation costs (collectively “Claims”) arising out of or in any

way connected with Licensee’s use of the Premises or performance of its rights and

obligations under this Agreement, including acts or omissions, regardless of

Licensee’s fault or negligence, including any of the same resulting from City’s

alleged or actual negligent act or omission, or those of its officers, agents,

contractors, consultant, representative, or employees; except to the extent that any

such Claims are adjudicated to have proximately resulted from the sole negligence

or willful misconduct of City. Licensee will be liable for any environmental issues

and clean-up that are caused because of Licensee’s use of the Premises and shall

indemnify, defend and hold harmless City from any and all Claims, including without

limitation reasonable attorneys’ and expert fees and litigation costs, to the extent

arising out of any such environmental issues or clean-up. This indemnification, hold

harmless, and duty to defend shall survive termination of this Agreement and shall

extend to Claims described herein asserted after termination of this Agreement, but

only for incidents which occur during the Term of this Agreement. Licensee agrees to

require its contractors to indemnify, defend, and hold harmless the City to the same

extent.

13. Insurance:

a. Licensee shall procure and maintain, and shall require all of its contractors and

subcontractors performing work on the Premises to procure and maintain,

throughout the Agreement Term, the following insurance coverage against claims

for injuries to persons or damages to property occurring in or about the Premises

that may arise from or in connection with use of the Premises by Licensee or its 120

contractors, agents, representatives, employees, volunteers, or subcontractors.

Licensee shall submit coverage verification to the City for review and confirmation

of conformance with the requirements set forth in this Agreement.

b. Nothing contained in these insurance requirements is to be construed as limiting

the extent of Licensee’s responsibility for payment of damages resulting from its

operations under this Agreement. Licensee’s failure to provide or maintain, or

cause to be provided or maintained by the appropriate party or parties, the

insurance required by this Agreement shall not affect Licensee’s obligations under

this Agreement.

c. Companies writing the insurance under this paragraph shall be authorized to do

business in the State of California. Insurance is to be placed with insurers possessing

an A.M. Best rating of no less than A:VII.

d. Licensee shall procure and maintain, and shall require all of its contractors and

subcontractors performing work on the Premises to procure and maintain,

throughout the Agreement Term, the following insurance coverage against claims

for injuries to persons or damages to property occurring in or about the Premises

that may arise from or in connection with use of the Premises by Licensee or its

contractors, agents, representatives, employees, volunteers, or subcontractors.

i. Workers’ Compensation Coverage. Workers’ compensation insurance and

employer’s liability insurance for Licensee’s employees in accordance with

Sections 3700 et seq. of the California Labor Code. In addition, Licensee

shall require each contractor and subcontractor working on the Premises to

similarly maintain workers’ compensation insurance and employer’s liability

insurance for all of their employees in accordance with Sections 3700 et seq. of

the California Labor Code. The workers’ compensation policy shall include

employers’ liability in an amount not less than $1,000,000 for each accident,

bodily injury by disease, and $1,000,000 for each employee bodily injury by

disease. The workers’ compensation policy shall be endorsed with a waiver

of subrogation in favor of City for all work performed by Licensee, its

contractors, employees, agents and subcontractors.

ii. General Liability Coverage. Licensee shall maintain and shall require its

contractors and subcontractors performing work on the Premises to maintain

commercial general liability insurance and umbrella or excess liability

insurance covering all operations by or on behalf of Licensee providing

insurance for bodily injury liability and property damage liability for the 121

following limits per occurrence and including coverage for: (1) premises,

operations and mobile equipment; (2) products and completed operations; (3)

broad form property damage (including completed operations); (4) explosion,

collapse, and underground hazards; (5) personal and advertising injury; and

(6) contractual liability.

1. Liability Limits. (A) $3,000,000 for each occurrence, combined

single limit for bodily injury and property damage; (B) $5,000,000

general aggregate, which must apply separately to the Project.

iii. Automobile Liability Coverage. Licensee shall maintain automobile liability

insurance in amounts not less than $1,000,000 per occurrence for bodily injury

and property damage for all activities arising out of or in connection with the

Project. All automobiles and trucks owned, non-owned or hired shall be

covered.

e. If Licensee or its contractors maintain higher limits than the minimums shown above,

the City requires and shall be entitled to coverage for the higher limits maintained by

Licensee. Any available insurance proceeds in excess of the specified minimum

limits of insurance and coverage shall be available to the City.

f. The general liability and automobile liability policies are to contain, or be

endorsed to contain, the following provisions:

i. Additional Insureds. The City and its officers, officials, employees, agents,

and volunteers shall be covered as additional insureds with respect to liability

arising out of work or operations performed by or on behalf of Licensee or its

contractor on the Premises. General liability coverage can be provided in the

form of an endorsement to Licensee’s and Contractor’s insurance, or as a

separate owner’s policy.

ii. Licensee and Contractor’s Policy Primary. For any claims related to the use of

the Premises, Licensee’s policies and its contractor’s policies shall be

considered primary insurance as to the City, its officers, officials, employees,

agents and volunteers. Any insurance or self-insurance maintained by the City,

its officers, officials, employees, or volunteers, shall be excess of Licensee and

is Contractor’s insurance only and shall not contribute with it.

g. Notice. Licensee and its contractor shall not cancel, assign, or change any policy

of insurance required by this Agreement or engage in any act or omission that will 122

cause its insurer to cancel any insurance policy required by this Agreement except

after providing thirty (30) days prior written notice to the City. If an insurance

policy required by this Agreement is unilaterally cancelled or changed by the

insurer, the Licensee or its contractor shall immediately provide written notice

to City and obtain substitute insurance meeting the requirements of this

Agreement. Nothing in this subsection relieves Licensee of its obligation to

maintain and require all insurance required by this Agreement at all times during

the Agreement Term.

h. Deductibles and Self-Insured Retentions. Any deductibles or self-insured

retentions must be declared to and approved by the City. At the option of the City,

either (1) the insurer shall reduce or eliminate such deductibles or self-insured

retentions as respects the City, its officers, officials, employees, agents and

volunteers; or (2) Licensee shall provide a financial guarantee satisfactory to

the City guaranteeing payment of loses and related investigations, claim

administration and defense expenses.

i. No insurance policy required herein shall be written as claims-made coverage.

Insurance must be written on an occurrence basis.

j. Failure of the City to enforce in a timely manner any of the provisions of this

Agreement, including the insurance provisions, shall not act as a waiver to

enforcement of any of these provisions at a later date. The City reserves the right

to request complete, certified copies of all required insurance policies, including

endorsements, required by these provisions, at any time.

k. Licensee hereby agrees to waive rights of subrogation that any insurer of Licensee

may acquire from Licensee by virtue of the payment of any loss. Licensee agrees

to obtain any endorsement that may be necessary to effect this waiver of

subrogation. Licensee shall require its contractors and subcontractors performing

work on the Project to similarly waive rights of subrogation.

l. City reserves the right to modify these requirements, including limits, based on

special circumstances.

m. Evidence of Insurance: Prior to City executing this Agreement, Licensee shall

provide to City for its approval (1) certificates of insurance and (2) original

written endorsements as evidence of the insurance coverage required by this

Agreement. The endorsements are to be signed by a person authorized by that

Insurer to bind coverage on its behalf. Certificates and endorsements shall be filed 123

with the City and are considered an integral part of this Agreement. Failure of

Licensee to provide satisfactory evidence of insurance or failure of City to

approve satisfactory evidence of insurance shall not operate as a waiver of these

insurance requirements.

n. If Licensee fails to procure or maintain or require the appropriate party to procure

or maintain the insurance required by this Section in full force and effect

throughout the Agreement Term, this Agreement may be terminated immediately

by City and be of no further force or effect.

o. City reserves the right to modify these insurance requirements at any time based

on special risks or circumstances.

14. Destruction of Premises: Should there be a destruction of the Premises by an event

such as flood, fire or earthquake, then the City may in its sole discretion determine

whether or not to rebuild the Premises and in what configuration.

15. Assignment: Licensee shall not assign or encumber its interest in this Agreement

without first obtaining City’s written consent. Any assignment, without consent

from City shall be voidable and at the City’s election, shall be a default.

16. Default, Termination and Suspension:

a. In the event Licensee fails to comply with any material terms or conditions of this

Agreement, City may notify Licensee in writing of the occurrence of such non-

compliance, which non-compliance must be corrected within thirty (30) days after

written notice, or lesser period, in event of a situation determined to be an

emergency situation. If the nature of Licensee’s default is such that more than 30

days are reasonably required for its cure, than the Licensee shall not be deemed to

be in default if it shall commence such cure within said 30-day period and

thereafter diligently prosecute such cure to completion. Failure to so correct said

deficiency within said period of time will be grounds for immediate termination

of this Agreement by City.

b. If the City determines, in its sole discretion, that Licensee’s use of the Premises is

contrary to the public health, safety or welfare, or in violation of any federal, state

or local law, regulation or permit, it may terminate this license as set forth herein.

Any such determination shall be made by the City Council in a public hearing

after the City has provided at least one hundred twenty (120) day’s written notice

to Licensee of its intent to terminate pursuant this section.

c. If the City determines, in its sole discretion, that Licensee’s use of the Premises is

an imminent and substantial threat to the public health, safety or welfare, if may

suspend this License pending a hearing on termination pursuant Section 16b. 124

above. The City Manager or designee may make the initial determination to

suspend, which determination may be appealed to the City Council pursuant Half

Moon Bay Municipal Code chapter 1.25. Any such appeal shall be heard not less

than thirty (30) days from the date that an appeal is filed, provided however, that

the suspension will not be lifted during pendency of the appeal. During the

pendency of the appeal, Licensee shall have the opportunity to cure any defect,

and if cured, the City Manager or Designee may, at their sole discretion, lift the

suspension. The City may not terminate the License under this provision due to its

own failure to maintain the Premises.

17. Return of Premises: At the end of the Term or upon earlier termination of this

Agreement, Licensee shall remove, at its sole cost and expense, from the Premises

all personal property placed on the Premises by Licensee or its agents and leave the

Premises free of any such material and free of any hazards created by Licensee’s use

of the Premises. Any improvements to the Premises that are fixed to the Premises

building shall remain in place. Without limiting any of the foregoing, the Premises

shall be returned to the City in a condition that is reasonably satisfactory to the City

in its sole discretion. The City reserves the right to inspect the Premises and request

Licensee to cause the Premises to be returned to its condition prior to the Agreement.

This section shall survive the termination of this Agreement.

18. Entry: City and its authorized representatives shall have the right to enter upon the

Premises at all times in order to carry out City business. City, however, in order to

provide as little interference as possible, intends not to exercise said rights on days

when Licensee is scheduled to use the Premises without a twenty-four (24) hour

notice unless City, it its sole discretion, deems an emergency exists and, in such case,

shall go upon said Premises and perform its responsibilities.

City will endeavor to conduct its business in and on Premises in a manner that will

cause the least possible inconvenience, annoyance or disturbance to Licensee.

19. Dispute Resolution: Both parties agree to work together to resolve any disputes that

may arise during the term of this Agreement.

20. Contact Information:

a. Licensee’s contact information for notices or communications under this

Agreement is as follows:

Name: Willa Chapman, Executive Director/General Manager

Address: 1828 Cabrillo Hwy, N

Half Moon Bay, CA 94019

Telephone: (650) 726-9903

E-mail: [email protected]

125

mailto:[email protected]

b. City’s contact information for notices or communications under this


Name: Matthew Chidester, Deputy City Manager

Address: 501 Main Street


Phone: (650) 726-8272

Email: [email protected]

c. City’s Finance Department contact information for payment of Rent under this


Name: Lisa Lopez, Administrative Services Manager

Address: 507-B Purissima Street


Phone: (650) 726-8260

Email: [email protected]

Any notice will be deemed made on the day it is mailed by Certified U.S. mail or e-

mailed.

21. Miscellaneous Provisions:

a. This Agreement can only be modified or altered by a written instrument bearing

the signatures of both parties.

b. Licensee and City will work together to carry out the spirit and stated objectives

of this Agreement.

c. All obligations of each party are expressly made conditions, any material breach

of which shall, at the option of the other party, terminate this Agreement in

accordance with Section 16a herein.

d. The title or headlines to paragraphs shall not affect the interpretation of

provisions.

e. The provisions in this Agreement shall apply to and bind the successors, and

assigns the parties, except as provided in the provisions regarding assignment.

f. Time is of the essence.

g. This Agreement shall be governed by and construed and enforced in accordance

with the laws of the State of California.

h. Licensee and any officers, employees, contractors, or volunteers are independent,

and not agents, subagents, or employees of City.

126



i. Licensee and any officers, employees, contractors, or volunteers shall not have

any claim under this agreement or otherwise against the City for any social

security, worker’s compensation, or employee benefits extended to employees of

the City.

j. Photographs or recordings taken of any Licensee activities on the Premises that

include Licensee’s image, or the image of Licensee’s personnel may be used by

the City for any purpose subject to any applicable copyright restrictions held by a

third-party copyright holder.\

k. Licensee acknowledges that it has no right to or promise for an extension of this

Agreement or authorization to use the Premises under a new agreement following

expiration or termination of this Agreement. Licensee waives any rights or claims

it may have to notice or hearing respecting any failure by City to renew or extend

this Agreement or make any other authorization to use the Premises.

l. The Licensee representative signing below hereby represents to the City that

he/she is Licensee’s authorized representative with full power and authority to

bind Licensee to the terms and provisions of this Agreement.

22. Entire Agreement: The foregoing constitutes the entire agreement of the parties, and

may be modified only by a writing signed by the parties.

Balance of Page Intentionally Blank

127

WHEREAS, the parties hereto have executed this Agreement the day and year first

above written.

SEAHORSE RANCH, a Nevada limited partnership

By: _____________________________________

Willa Chapman

Executive Director/General Manager

CITY OF HALF MOON BAY, a municipal corporation

By: ________________________________________

Robert Nisbet

City Manager

APPROVED AS TO FORM

By: ________________________

Catherine Engberg

City Attorney

ATTACHMENTS:

Exhibit A: (“Site Plan of Premises”)

128

Exhibit A

Site Plan of Premises

Coastal Trail

Horse Trail

Vertical Access

129

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