The dispute over the La Quinta Inn and Suites in Millbrae continues as the city filed a petition with the San Mateo County Superior Court Monday asserting Article 34 of the state Constitution prevents the county from purchasing the site for low-income housing without taking the issue to a vote first.
Article 34 was initially approved by voters in 1950 and makes it so any public agency looking to develop or acquire low-income housing must gain the approval of a majority of voters to do so. The law applies to any federal, state or local governing body looking to either fully or partially fund or provide all or some support such as labor to the development of the low-income housing proposal.
Millbrae, in its petition to the San Mateo County Superior Court, argues that state law prevents the county from purchasing the La Quinta Inn, a 100-room hotel at 1390 El Camino Real. The Board of Supervisors passed a resolution stating its intent to purchase the hotel for $33 million and to spend up to an additional $8 million on renovations.
That 4-1 vote, with Supervisor David Canepa opposed, came after hundreds of Millbrae residents and officials implored the county to not purchase the hotel, citing public safety and financial concerns. Specifically, the city argues it would lose between $500,000 and $1 million annually if the county were to purchase the hotel.
“The city knows that Article 34 is considered controversial and that voters statewide may be asked to vote on whether to remove Article 34 from the California Constitution as soon as the November 2024 election,” read a press release from Millbrae published Thursday. “The question before the city, however, is whether Article 34 guarantees residents a vote now. The city concluded that the most responsible course of action is to ask a court to determine if an Article 34 vote is required on the La Quinta proposal.”
When voting on the purchase of the La Quinta Inn, supervisors acknowledged the concerns raised and attempted to strike a better deal with the city. Rather than offering a one-time payment of $600,000 to help cover lost hotel tax revenue, the board agreed the city should receive three $600,000 payments over three years. It also offered to fund additional patrols by sheriff’s deputies and shared support for helping the city address homelessness issues resulting from being at the end of the BART line.
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If the county completes its purchase of the hotel and another less-controversial purchase of the Ramada Inn at 721 Airport Blvd. in South San Francisco, it would have a total of seven such properties in its inventory. The hotels, most of which have been purchased with state Homekey Program dollars, are now used as either temporary or permanent shelters for at-risk populations. The county was recently left off the most recent list of Homekey grant awardees but officials are hopeful additional dollars will be found. The objective, county officials have said, is to make homelessness in the county rare and never chronic.
“We are disappointed to learn that a lawsuit has been filed against this Homekey Project that will house families and seniors. We are prepared to vigorously defend this lawsuit with the hope to prevail for those families and seniors experiencing homelessness,” board President Dave Pine said in a statement Friday, Nov. 17.
Millbrae acknowledged in its press release that Article 34 can be used to block new affordable housing development and noted that doing so is not its intent. Instead, the city argued its goal is to give a voice to its residents on the matter.
Officials also affirmed the city’s commitment to developing affordable housing, noting its newest housing element, a state-mandated plan identifying how new homes will be built in the city over the next eight years, calls for the construction of 3,861 new units by 2031. A total of 1,261 units have been approved for development in recent years, of which 143 are affordable, the press release read.
“I want to be clear: the city’s concern is not housing,” Mayor Ann Schneider said in an email statement. “The city has and will continue to demonstrate its commitment to bringing new affordable housing to market. Rather, the city’s concern is with this one project because the city simply cannot afford to lose this much funding at a time when our finances are so strained. … Millbrae is proud of our housing record, but we must balance this commitment with our duty to be strong fiscal stewards of taxpayer resources and our oath to uphold the state Constitution.”
This newest turn of the events is quite predictable.
In the beginning it did not matter what residents, the Mayor or City Council thought but things change for lack of a better phrase when it Politician on Politician Crime.
What does that mean?
It took Those who know the law better than the HomeKey Mid-Pen group and who knew the law better than the Canepa group and especially the Callagy Intel group.
I'd say this is a turn for the better... I don’t live in Millbrae but I give kudos to the city. If anything, the city can always use the lawsuit as a bargaining chip and instead of a measly $1.8 million (up from $600k), the city can perhaps bargain for $600k/year, forever, along with release of liability for any criminal behavior that occurs on hotel grounds. Along with reimbursement for any damages/criminal activity that occurs to residents and business owners in Millbrae due to hotel “residents.” Or, the hotel purchase doesn't go through... Good luck.
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(2) comments
This newest turn of the events is quite predictable.
In the beginning it did not matter what residents, the Mayor or City Council thought but things change for lack of a better phrase when it Politician on Politician Crime.
What does that mean?
It took Those who know the law better than the HomeKey Mid-Pen group and who knew the law better than the Canepa group and especially the Callagy Intel group.
I'd say this is a turn for the better... I don’t live in Millbrae but I give kudos to the city. If anything, the city can always use the lawsuit as a bargaining chip and instead of a measly $1.8 million (up from $600k), the city can perhaps bargain for $600k/year, forever, along with release of liability for any criminal behavior that occurs on hotel grounds. Along with reimbursement for any damages/criminal activity that occurs to residents and business owners in Millbrae due to hotel “residents.” Or, the hotel purchase doesn't go through... Good luck.
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Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
Don't threaten. Threats of harming another person will not be tolerated.
Be truthful. Don't knowingly lie about anyone or anything.
Be proactive. Use the 'Report' link on each comment to let us know of abusive posts.
PLEASE TURN OFF YOUR CAPS LOCK.
Anyone violating these rules will be issued a warning. After the warning, comment privileges can be revoked.