City says petition is improper
Aug 5, 2024 Updated Oct 14, 2024
Half Moon Bay officials examine petitions submitted last week to call for a voter referendum on approval of the 555 Kelly Avenue affordable housing project.
Ashton J. Hacke/Coastside News
Half Moon Bay City Clerk Jessica Blair issued a letter on Thursday rejecting a referendum petition delivered to city hall just hours earlier.
The petition asked for a voter referendum on the June 26, 2024, decision by the Half Moon Bay City Council to reject three appeals and uphold the planning commission’s approval of the 555 Kelly Avenue affordable housing development.
Blair’s letter acknowledges receipt of petition sheets with 1,179 signatures, a number that exceeds 10 percent of registered voters in the city that California Election Code requires for a voter referendum. On February 20 of this year there were 7,942 voters registered. The city has not verified whether all of the signatures on the petition are from voters in Half Moon Bay.
Blair states in her letter that “after consulting with the City Attorney, I have determined that the resolution of the City Council set forth in the referendum petition is not subject to referendum.”
Citing California Election Code section 9237 and related case law, the letter says that a referendum petition may challenge “the adoption of an ordinance,” but not administrative or adjudicatory acts.
The letter categorizes the granting or denying of permits as administrative or adjudicative acts. “Thus, the resolution [by city council] denying the appeals of the approval of these administrative actions is not subject to referendum.” Blair concludes that “the referendum petition is improper and cannot be set before the voters.”
In a response dated August 5, Hal Bogner, one of the organizers of the petition effort who delivered the signatures to city hall, cites other sections of the election code and case law to support his view that “Referenda are one of very few options available to private citizens to protest government legislative action.” Bogner’s letter requests that Blair process the petition “until and unless a court of competent jurisdiction orders otherwise.”
Bogner’s letter refers to the decision by city council as legislative action despite Blair’s determination that it was administrative and not the adoption of an ordinance.
Over the weekend Bogner told Coastside News that he believes that even if Blair’s opinion is not overturned, there will be future actions by city council, such as leasing the 555 Kelly property to Mercy Housing, that would qualify as a legislative action subject to referendum.
“I’m certain it will get to the voters,” Bogner said. “I don’t know if it will be this time or it will have to come back again.”
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