ITEM 9-A
City Council Meeting 7-31-90 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Resolutions for Regular Municipal Election to be
Held on November 6, 1990
This Staff Report transmits to the City Council four
resolutions for adoption in connection with the Regular Municipal
Election to be held on November 6, 1990.
At its meeting on July 25, 1990, the City Council reviewed
and approved most aspects of the accompanying resolutions.
Remaining for City Council review and action at this time are the
following issues:
1. Review and approval of ballot title and text of measure
to amend the Rent Control Law. The ballot title is contained in
Section 6 of the Resolution and the text is contained in Exhibit
6 of the Resolution.
2. Review and approval of the revised ballot title and
text of the measure relating to inclusionary housing. The City
Council on July 25, 1990, approved this measure but requested
more specific language defining low and moderate income housing.
The revised ballot title is contained in Section 7 of the
Resolution and the revised text is contained in Exhibit 7 of the
Resolution.
3. Review and approval of ballot title and text of measure
to exempt Sand and Sea Club property from the Rent Control Law.
The City Attorney was directed to prepare this measure. The
ballot title is contained in Section 8 of the Resolution and the
text is contained in Exhibit 8 of the Resolution.
4. Insert the names of Councilmembers who desire to
prepare written arguments for or against the various ballot
measures being placed before the voters.
Upon taking these actions, the City Council should adopt
each of the accompanying resolutions. The purpose of each
resolution is discussed below:
1. Resolution Submitting to the Voters Eight Ballot
Measures.
This Resolution submits to the voters the following ballot
measures:
a. An initiative qualified pursuant to Elections
Code Section 4000 et seq. establishing a beach overlay district
in the area bounded by the Pacific Ocean on the west, by the City
boundary on the north, by the centerline of Ocean Avenue and
Neilson Way on the east, and by the City boundary on the south
and prohibiting hotel, motel and certain restaurant development
in that district.
b. An initiative qualified pursuant to Elections
Code Section 4000 et seq. establishing a three year Citywide
moratorium on hotel development, establishing a beach overlay
district in the area bounded by the Pacific Ocean on the west, by
the City boundary on the north, by the centerline of Ocean Avenue
and Neilson Way on the east, and by the City boundary on the
south (with certain exceptions), and restricting fifty percent of
the transient occupancy tax generated from hotels in the beach
overlay district and at 415 Pacific Coast Highway for clean-up of
the Santa Monica Bay and for park improvements.
c. An initiative qualified pursuant to Elections
Code Section 4080 et seq. and Government Code Section 34450 et
seq. amending the City Charter to permit an increase in the
maximum allowable rent upon a tenant's voluntary vacancy of a
rent controlled unit.
d. An initiative qualified pursuant to Elections
Code Section 4080 et seq. and Government Code Section 34450 et
seq. amending the Charter of the City of Santa Monica providing
for an elected City Attorney.
e. A proposal submitted by the City Council pursuant
to Government Code Section 34459 amending the Charter of the City
of Santa Monica providing greater tenant protections in the
conversion process and adding Section 2018 to the City Charter
prohibiting conversions not processed pursuant to the Tenant
Ownership Rights provisions.
f. Proposal submitted by the City Council pursuant
to Government Code Section 34459 to make revisions in the Rent
Control Law.
g. Proposal submitted by the City Council pursuant
to Government Code Section 34459 to require that 30% of all new
multifamily housing constructed in the City be affordable to low
and moderate income persons and families.
h. Proposal submitted by the City Council pursuant
to Government Code Section 34459 amending the Charter of the City
of Santa Monica to exempt from the Rent Control Law property
which is part of the State Park System and owned by the State of
California on July 1, 1990.
2. Resolution Authorizing Members of the City Council to
Submit Arguments Concerning Various Propositions.
The purpose of this Resolution is to give members of the
City Council an opportunity to submit arguments in favor of or
against the eight propositions to be submitted to the voters. By
virtue of Elections Code Section 5016, the City Council or its
members authorized by the City Council have priority in
submitting arguments in favor of or against a ballot measure. If
the City Council desires to permit its members to submit
arguments in favor or or against any proposition, the members so
authorized should be inserted in Section 1.
Elections Code Section 5014.5 authorizes the submittal of
rebuttal arguments if the legislative body, not later than the
day on which it calls an election, adopts the provisions of
Elections Code Section 5014.5. In connection with the 1981
General Municipal Election, the City Council adopted Resolution
Number 6180 (CCS) adopting the provisions of Elections Code
Section 5014.5. The resolution provided in Section 2: "That the
provisions of Section 1 shall apply at the next ensuing municipal
election and at each municipal election thereafter, unless
repealed by the legislative body." Thus, unless the City Council
repeals Resolution Number 6180 (CCS), the authors of the argument
in favor of any proposition will be permitted to prepare a
rebuttal to the argument against such proposition and the authors
of the argument against any proposition will be permitted to
prepare a rebuttal to the argument in favor of such proposition.
3. Resolution Requesting Consolidation of Election.
This Resolution requests the Board of Supervisors to
consolidate the Regular Municipal Election with the statewide
direct primary election.
4. Resolution Requesting Election Services from County.
This Resolution authorizes the City Clerk to request
various election services from the County to assist in such tasks
as distributing sample ballots.
RECOMMENDATION
It is respectfully recommended that the City Council take
the following actions:
1. That the City Council adopt the Resolution submitting
to the voters various ballot measures.
2. That the City Council adopt the Resolution authorizing
members of the City Council to submit arguments concerning the
various propositions.
3. That the City Council adopt the Resolution requesting
consolidation of the election.
4. That the City Council adopt the Resolution requesting
election services from the County.
PREPARED BY: Robert M. Myers, City Attorney
RESOLUTION NUMBER ____
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SUBMITTING TO THE VOTERS
EIGHT BALLOT MEASURES AT THE REGULAR MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1990
WHEREAS, on July 10, 1990, the City Council adopted
Resolution Number 8056 (CCS) calling for and giving notice of a
Regular Municipal Election on November 6, 1990; and
WHEREAS, two initiatives have qualified for the ballot
pursuant to Elections Code Section 4000 et seq.; and
WHEREAS, two initiatives to amend the City Charter have
qualified for the ballot pursuant to Elections Code Section 4080
et seq. and Government Code Section 34450 et seq.; and
WHEREAS, the City Council desires to submit to the voters,
pursuant to Government Code Section 34459, four proposed
amendments to the City Charter,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. At the Regular Municipal Election called for
November 6, 1990, the following proposition shall be submitted to
the qualified electors of the City of Santa Monica:
_________________________________________________________________
PROPOSITION " ." Shall a Beach
Overlay District in the area
bounded by the Pacific Ocean on
the west, by the City boundary on
the north, by the centerline of
Ocean Avenue and Neilson Way on
the east, and by the City boundary
on the south and prohibiting
hotel, motel and certain
restaurant development in that
District be established?
_________________________________________________________________
The City Clerk shall cause the text of the proposition, which is
contained in Exhibit 1 attached hereto and incorporated by
reference, to be mailed to all qualified voters with the sample
ballot. In addition to other notices and publications required
by law, the City Clerk, not less than 40 days and not more than
60 days before the Regular Municipal Election, shall cause the
text of the proposition to be published once in the official
newspaper and in each edition thereof during the day of
publication.
SECTION 2. At the Regular Municipal Election called for
November 6, 1990, the following proposition shall be submitted to
the qualified electors of the City of Santa Monica:
_________________________________________________________________
PROPOSITION " ." Shall a three
year Citywide moratorium on hotel
development, a Beach Overlay
District in the area bounded by
the Pacific Ocean on the west, by
the City boundary on the north, by
the centerline of Ocean Avenue and
Neilson Way on the east, and by
the City boundary on the south
(with certain exceptions), and
restricting fifty percent of the
transient occupancy tax generated
from hotels in the Beach Overlay
District at 415 Pacific Coast
Highway for clean-up of the Santa
Monica Bay and for park
improvements be established?
_________________________________________________________________
The City Clerk shall cause the text of the proposition, which is
contained in Exhibit 2 attached hereto and incorporated by
reference, to be mailed to all qualified voters with the sample
ballot. In addition to other notices and publications required
by law, the City Clerk, not less than 40 days and not more than
60 days before the Regular Municipal Election, shall cause the
text of the proposition to be published once in the official
newspaper and in each edition thereof during the day of
publication.
SECTION 3. At the Regular Municipal Election called for
November 6, 1990, the following proposition shall be submitted to
the qualified electors of the City of Santa Monica:
_________________________________________________________________
PROPOSITION " ." Shall the City
Charter be amended to permit an
increase in the maximum allowable
rent upon a tenant's voluntary
vacancy of a rent controlled unit?
_________________________________________________________________
The City Clerk shall cause the text of the proposition, which is
contained in Exhibit 3 attached hereto and incorporated by
reference, to be mailed to all qualified voters with the sample
ballot. In addition to other notices and publications required
by law, the City Clerk, not less than 40 days and not more than
60 days before the Regular Municipal Election, shall cause the
text of the proposition to be published once in the official
newspaper and in each edition thereof during the day of
publication.
SECTION 4. At the Regular Municipal Election called for
November 6, 1990, the following proposition shall be submitted to
the qualified electors of the City of Santa Monica:
_________________________________________________________________
PROPOSITION " ." Shall the City
Charter be amended to provide for
an elected City Attorney?
_________________________________________________________________
The City Clerk shall cause the text of the proposition, which is
contained in Exhibit 4 attached hereto and incorporated by
reference, to be mailed to all qualified voters with the sample
ballot. In addition to other notices and publications required
by law, the City Clerk, not less than 40 days and not more than
60 days before the Regular Municipal Election, shall cause the
text of the proposition to be published once in the official
newspaper and in each edition thereof during the day of
publication.
SECTION 5. At the Regular Municipal Election called for
November 6, 1990, the following proposition shall be submitted to
the qualified electors of the City of Santa Monica:
_________________________________________________________________
PROPOSITION " ." Shall City
Charter Sections 2001, 2002, 2004,
and 2009 be amended and Section
2018 be added to the City Charter
to provide greater tenant
protections in the Tenant
Ownership Rights Charter Amendment
(TORCA) conversion process and to
prohibit conversions not processed
pursuant to the TORCA provisions?
_________________________________________________________________
The City Clerk shall cause the text of the proposition, which is
contained in Exhibit 5 attached hereto and incorporated by
reference, to be mailed to all qualified voters with the sample
ballot. In addition to other notices and publications required
by law, the City Clerk, not less than 40 days and not more than
60 days before the Regular Municipal Election, shall cause the
text of the proposition to be published once in the official
newspaper and in each edition thereof during the day of
publication.
SECTION 6. At the Regular Municipal Election called for
November 6, 1990, the following proposition shall be submitted to
the qualified electors of the City of Santa Monica:
_________________________________________________________________
PROPOSITION " ." Shall the City
Charter be amended to permit
certain specified rent increases
upon voluntary vacancy of low rent
units, to permit certain specified
rent increases upon voluntary
vacancy upon completion of
specified items of property
maintenance and to enable the Rent
Control Board to adopt certain
regulations applicable to
mobilehome parks?
_________________________________________________________________
The City Clerk shall cause the text of the proposition, which is
contained in Exhibit 6 attached hereto and incorporated by
reference, to be mailed to all qualified voters with the sample
ballot. In addition to other notices and publications required
by law, the City Clerk, not less than 40 days and not more than
60 days before the Regular Municipal Election, shall cause the
text of the proposition to be published once in the official
newspaper and in each edition thereof during the day of
publication.
SECTION 7. At the Regular Municipal Election called for
November 6, 1990, the following proposition shall be submitted to
the qualified electors of the City of Santa Monica:
_________________________________________________________________
PROPOSITION " ." Shall Section
630 be added to the City Charter
to require that not less than 30%
of all multifamily-residential
housing newly constructed in the
City on an annual basis would be
permanently affordable to low and
moderate income households?
_________________________________________________________________
The City Clerk shall cause the text of the proposition, which is
contained in Exhibit 7 attached hereto and incorporated by
reference, to be mailed to all qualified voters with the sample
ballot. In addition to other notices and publications required
by law, the City Clerk, not less than 40 days and not more than
60 days before the Regular Municipal Election, shall cause the
text of the proposition to be published once in the official
newspaper and in each edition thereof during the day of
publication.
SECTION 8. At the Regular Municipal Election called for
November 6, 1990, the following proposition shall be submitted to
the qualified electors of the City of Santa Monica:
_________________________________________________________________
PROPOSITION " ." Shall the City
Charter be amended to exempt from
the rent control law any property
which is part of the State Park
System or sovereign tidelands and
owned by the State of California
on July 1, 1990?
_________________________________________________________________
The City Clerk shall cause the text of the proposition, which is
contained in Exhibit 8 attached hereto and incorporated by
reference, to be mailed to all qualified voters with the sample
ballot. In addition to other notices and publications required
by law, the City Clerk, not less than 40 days and not more than
60 days before the Regular Municipal Election, shall cause the
text of the proposition to be published once in the official
newspaper and in each edition thereof during the day of
publication.
SECTION 9. The provisions of Resolution Number 8056 (CCS)
are referred to for more particulars concerning the Regular
Municipal Election to be held on November 6, 1990.
SECTION 10. The City Clerk shall certify to the adoption
of this Resolution, and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
____________________
ROBERT M. MYERS
City Attorney
NOTE: Exhibits 1 through 4 are not available on PEN, but may be
obtained from the City Clerk's office.
EXHIBIT 5
PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA
TO BE SUBMITTED TO THE VOTERS OF A PROPOSED
AMENDMENT TO THE CHARTER OF THE CITY OF
SANTA MONICA, CALIFORNIA
Section 200l of the City Charter of the City of Santa Monica
is amended to read as follows:
SECTION 2001. Definitions. For
purposes of this Article, the following words
and phrases shall have the following meaning:
(a) Applicant. The owner of a building
for which a Tenant-Participating Conversion
Application is filed.
(b) Cosigning Tenant. Any tenant
agreeing to the conversion by his or her
signature on the Tenant-Participating
Conversion Application who has personally
occupied his or her unit continuously for a
period of at least six (6) months prior to
the date he or she signs the
Tenant-Participating Conversion Application.
(c) Disabled Person. Any person who is
receiving benefits from a Federal, State, or
local government, or from a private entity on
account of a permanent disability that
prevents the person from engaging in regular,
fulltime employment.
(d) Intending to Purchase Tenant. Any
tenant who has personally occupied his or her
unit in the building continuously for a
period of at least six (6) months immediately
preceding the date the tenant signs a Tenant
Intent to Purchase.
(e) Limited Equity. Programs subject
to the restrictions set forth in the Health
and Safety Code Section 33007.5 and other
programs which limit, to a similar extent and
a similar length of time, the owner's return
at resale. For purposes of this Article,
shared appreciation equity loans or similar
loans shall not be construed to be forms of
limited equity.
(f) Low and Moderate Income Households.
Persons and families whose income does not
exceed eighty percent (80%) of the median
gross income for Los Angeles County, adjusted
for family size as determined by the
Secretary of Housing and Urban Development
and under Section 8(f)(3) of the United
States Housing Act of 1937, as amended, or if
programs under Section 8(f) are terminated,
eighty percent (80%) of the median gross
income determined under the method used by
the Secretary prior to such termination.
(g) Middle Income Households. Persons
and families whose income exceeds eighty
percent (80%) but is less than one hundred
and twenty percent (120%) of the median gross
income for Los Angeles County, adjusted for
family size as determined by the Secretary of
Housing and Urban Development under Section
8(f)(3) of the United States Housing Act of
1937, as amended, or if programs under
Section 8(f) are terminated, more than eighty
percent (80%) but less than one hundred
twenty percent (120%) of the median gross
income determined under the method used by
the Secretary prior to such termination.
(h) Owner. The owner of a Qualifying
Building.
(i) Participating Tenant. Any tenant,
including both cosigning and non-cosigning
tenants, residing in the building at the date
of the approval of the Tenant-Participating
Conversion Application.
(j) Price Index. The index for Urban
Wage Earners and Clerical Workers, United
States City Average, as published by the
United States Bureau of Labor Statistics, or
in the event such index is discontinued any
comparable index.
(k) Tenant Intent to Purchase. A form
prepared by the City to comply with State law
and which shall be in substantially the
following form and substance:
STATEMENT OF TENANT INTENT
TO PURCHASE
This is a Tenant Intent to Purchase form
that is used to determine how many tenants
want to purchase the apartment units that
they currently are renting.
Everything that the owner guarantees or
promises you in exchange for your signature,
including the sales price, is set forth in
writing in the Tenant-Participating
Conversion Application. These promises,
including the promise to sell you the unit
for the price stated on the form, will be
made conditions of the approval of the
conversion and the signed form will become
public record.
Signing this form does not mean that you
must buy the unit. It only means that you
currently want and intend to buy the unit for
the sales price indicated on the form if you
are able to obtain satisfactory financing and
if the application is approved.
IF, AFTER FINAL APPROVAL OF THE
CONVERSION, THE OWNER REFUSES TO SELL THE
UNIT AS AGREED OR DEMANDS A HIGHER PRICE, YOU
SHOULD IMMEDIATELY CONTACT THE APPROVING
ATTORNEY AND THE CITY ATTORNEY.
I/We, the undersigned, as tenant(s) of
unit _________ at ____________________ Santa
Monica, California, at the time of filing of
the Tenant-Participating Conversion
Application of such property, do certify
my/our intent to purchase my/our occupied
Unit No. ____________
I/We have seen and received a copy of
the Tenant-Participating Conversion
Application which lists the maximum sales
prices for all tenant occupied units in this
building and other information on the
Tenant-Participating Conversion Application
to be filed with the City of Santa Monica,
and this list indicates that the maximum
sales price for my/our unit is to be
$_________
I/We further understand that this Intent
to Purchase Form will be filed with the City
for the purpose of establishing the
percentage of tenants that may be expected to
purchase units pursuant to this Article.
I/We declare, under penalty of perjury,
that all of my/our statements above are true
an correct.
(Signed and Separately Dated by Intending to
Purchase Tenant(s) and Owner.)
(l) Qualifying Building. Any building
used for residential rental purposes in the
City for which no eviction has occurred
pursuant to Government Code Section 7060 et
seq. (the Ellis Act) within a five (5) year
period prior to the filing of an Application
for Tenant-Participating Conversion and for
which no eviction has occurred pursuant to
Section 1806(h) of this Charter (relating to
eviction for purposes of owner occupancy or
occupancy by relative of the owner) within a
two (2) year period prior to the filing of an
Application for Tenant-Participating
Conversion.
(m) Senior Citizen. Any person
sixty-five (65) years of age or older.
(n) Tenant. Any person who is an
authorized tenant of an owner of a
residential rental building for which a
Tenant-Participating Conversion Application
is being processed.
(o) Tenant Ownership. Ownership in the
form of either condominiums, community
apartments, stock cooperatives, cooperative
associations, limited equity stock
cooperatives or any other means authorized
under State law.
(p) Tenant-Participating Conversion.
Any conversion to tenant ownership
implemented pursuant to this Article.
(q) Tenant's Sales Price. The maximum
price for each unit as set forth in the
Tenant-Participating Conversion Application.
Section 2002 of the City Charter of the City of Santa Monica
is amended to read as follows:
SECTION 2002. Application for Tenant
Participating Conversion. An application for
a Tenant-Participating Conversion shall be
complete if it meets the following
requirements:
(a) Identifies the building, and its
owner, which is the subject of the
application and contains a declaration that
such building is a qualifying building.
(b) Sets forth, for each tenant occupied
unit, the following sales information:
(1) The maximum sales price for
each unit.
(2) The minimum down payment for
each unit.
(3) If seller financing will be
offered, the minimum amount to be financed,
the maximum rate of interest and the minimum
term of the loan offered by the seller.
(c) Sets forth, for each unit, the
following common areas, maintenance and
budget information:
(1) The plan for the assignment
and use of parking spaces.
(2) The plan for the use of all
common area facilities.
(3) The occupancy and management
plans and policies.
(4) A list of all repairs and
alterations, if any, which will be performed
before the close of the first escrow.
(5) The plan for allocating costs
and expenses for the building.
(6) A prepared monthly maintenance
budget based upon actual maintenance expenses
for at least the preceding two years plus a
reserve fund which states the monthly
maintenance assessment for each unit.
(7) The procedures for allocation
and use of such reserve funds.
(d) Contains a declaration with the
following information:
(1) That there has been a building
inspection report of the accessible portions
of the entire building, including but not
limited to, the roof, walls, floors, heating,
air conditioning, plumbing, electrical
systems or components of a similar or
comparable nature, and recreational
facilities of the building prepared by a
Building Inspection Service or similar agency
within the preceding three (3) months.
(2) That, for each tenant occupied
unit, a written statement setting forth any
substantial defects or malfunctions
identified in the building inspection report
regarding the unit and the common areas has
been delivered to the unit or a tenant
occupying the unit.
(3) That, for each tenant occupied
unit, a copy of the complete building
inspection report has been delivered to the
unit or a tenant occupying the unit.
(e) Sets forth the form of tenant
ownership for which the application is
submitted.
(f) Is signed by cosigning tenants
occupying not less than two-thirds (2/3) of
all the residential units in the building.
If there is more than one tenant in a unit,
the signature of only one tenant shall be
required.
For purposes of this subsection, an
owner of the building shall be deemed a
cosigning tenant if: (1) the owner has
continuously resided at the building as his
or her principal place of residence for at
least six months prior to the date the owner
began to solicit tenant approval for the
TORCA conversion and (2) the building has not
previously been withdrawn from the
residential rental business pursuant to
Government Code Section 7060 et seq., unless
the owners were tenants in the property at
the time of the withdrawal.
(g) Identifies the cosigning tenants and
the units occupied by such tenants and lists
all other tenants known to the owner in the
building and the units they occupy.
(h) Contains a declaration that the
signature of each cosigning tenant was
obtained only after the delivery, in writing,
to such tenant of the information required in
Subsections (a) (b) (c) (d) and (e) of this
Section.
(i) Contains a declaration that all
lawful notices have been given of the
application for conversion.
(j) Has attached to the application
Statements of Tenant Intent to Purchase,
signed by Intending to Purchase Tenants
occupying not less that fifty percent (50%)
of the total number of residential units in
the building. If there is more than one
tenant in a unit, the signature of only one
tenant shall be required.
For purposes of this subsection, an
owner of the building shall be deemed an
intending to purchase tenant if: (1) the
owner has continuously resided at the
building as his or her principal place of
residence for at least six months prior to
the date the owner began to solicit tenant
approval for the TORCA conversion and (2) the
building has not previously been withdrawn
from the residential rental business pursuant
to Government Code Section 7060 et seq.,
unless the owners were tenants in the
property at the time of the withdrawal.
(k) Contains a declaration that in
obtaining the signatures of cosigning tenants
and intending to purchase tenants, the owner
neither offered nor agreed to pay money or
other financial consideration to
participating tenants if the tenants would
release all rights that they had to purchase
a rental unit in the building.
(l) Contains a declaration that in
obtaining the signatures of consigning
tenants and intending to purchase tenants,
neither the owner nor the owner's agent or
representative coerced a tenant to sign by
threatening that the owner, or any successor
thereof, would cease operating the property
as residential rental property pursuant to
Government Code Section 7060 et seq. ("the
Ellis Act") if the proposed conversion of the
building pursuant to this Article did not
occur.
(m) That, for each tenant occupied unit,
a Tenant Intent to Purchase has been
delivered to the unit or a tenant occupying
the unit.
Section 2004 of the City Charter of the City of Santa Monica
is amended to read as follows:
SECTION 2004. Approval or Denial of
Tenant Participating Conversion Application.
A Tenant-Participating Conversion Application
shall be approved or denied within the time
periods set forth in Section 2003 of this
Article and in accordance with the following
standards:
(a) A Tenant-Participating Conversion
Application, along with any required
tentative subdivision map or tentative parcel
map shall be denied if the
Tenant-Participating Conversion Application
fails to meet any of the requirements of this
Article, was the result of fraud,
misrepresentation, or threat or similar
coercion, or fails to meet any mandatory
requirements of the Subdivision Map Act of
the State of California.
(b) A Tenant-Participating Conversion
Application, along with any required
tentative subdivision map or tentative parcel
map, shall be approved if it meets the
requirements of this Article and shall be
subject to the following conditions and no
others:
(1) The owner must file with the
City written consent to each condition
imposed in connection with the approval of a
Tenant-Participating Conversion Application.
The written consent shall be filed prior to
the approval of any required final
subdivision map or final parcel map, or if no
such map is required, within six (6) months
from the date of approval of the
Tenant-Participating Conversion Application.
The filing of such written consent shall
constitute an agreement, with the City of
Santa Monica and each participating tenant,
binding upon the owner and any successors in
interest, to comply with each and every
condition imposed in connection with approval
of a Tenant-Participating Conversion
Application. The City and any participating
tenant shall have the right to specific
enforcement of this Agreement in addition to
any other remedies provided by law.
(2) The owner shall offer and
continue to offer the exclusive right to
purchase each rental unit in the building to
the participating tenant thereof upon the
terms set forth in the application, without
change, for a period of not less than two (2)
years from the date of final approval by the
California Department of Real Estate or the
date the first unit in the building is
offered for sale, if no approval by the
California Department of Real Estate is
required. Unless a participating tenant has
already provided the owner with written
acceptance of the offer, the Tenant's Sale
Price may be adjusted at the beginning of the
second year according to any change reflected
in the Price Index occurring during the
preceding year. Upon the written acceptance
of the offer by the participating tenant at
any time within the two year period, escrow
shall open within thirty (30) days from the
written acceptance by the participating
tenant. Unless otherwise agreed by the
parties, the period of the escrow shall not
exceed sixty (60) days.
(3) No participating tenant shall
at any time after the approval of the
Tenant-Participating Conversion Application
be evicted for the purpose of occupancy by
the owner, occupancy by any relative of the
owner, or for demolition of the unit. In the
event the participating tenant does not
exercise his or her right to purchase within
the time period set forth in this Article,
the owner may transfer the unit without any
price restriction to the participating tenant
or any other person. However, in the event
such transfer is to someone other than the
participating tenant, the transfer shall be
expressly made subject to the rights of the
participating tenant to continue to occupy
the unit as provided for in this Article.
(4) Each unit shall at all times
remain subject to all the terms and
conditions of Article XVIII of this Charter,
except Section 1803(t), before, during and
after any Tenant-Participating Conversion.
If any unit is rented, the maximum allowable
rent for each unit shall be no greater than
the maximum allowable rent allowed under
Article XVIII of this Charter.
(5) The building may be required
to comply only with the applicable laws,
including the building, safety, and zoning
codes, which were in effect as of the date
the building was constructed. No new,
additional requirements including, but not
limited to, parking, room size, or interior
or exterior improvements of any kind, may be
imposed as a condition, either directly or
indirectly, of the Tenant-Participating
Conversion. Notwithstanding the above, the
City may impose reasonable health or safety
requirements consistent with this Article
upon such buildings provided that such
requirements uniformly apply to all similar
multiresidential structures in the City of
Santa Monica, regardless of the form of
ownership of the building.
(6) Prior to the approval of any
required subdivision map or final parcel map
for the Tenant-Participating Conversion, or
if no such map is required, prior to the
filing of the written consent required by
Subdivision (b)(1) of this Section, each
participating tenant shall be informed in
writing, in a form approved by the City, of
his or her rights under this Article.
(7) In addition to the
protections of Subdivisions (b)(3) and (b)(4)
of this Section:
(A) All non-purchasing
Participating Tenants who are senior citizens
or disabled on the date of filing the
Tenant-Participating Conversion Application
and who personally occupied a rental unit in
the qualifying building continuously for at
least six (6) months immediately preceding
the date of the filing of
Tenant-Participating Conversion Application
shall be given the nonassignable right to
continue to personally reside in their unit
as long as they choose to do so subject only
to just cause evictions provided that the
eviction is not for the purpose of occupancy
by the owner, occupancy by any relative of
the owner, or for demolition of the unit. In
addition, should the maximum allowable rent
provision of Article XVIII of this Charter no
longer apply, the rent for each such unit
shall be adjusted annually to allow an
increase of no more than the increase in the
Price Index plus a reasonable, pro rata share
of capital improvements for the buildings
common areas or agreed to capital
improvements for the unit. Within sixty (60)
days after the approval of a
Tenant-Participating Conversion Application,
any senior citizen participating tenant who
is entitled to the protections of this
Subdivision may designate in writing the name
of one person who is entitled to continue
living in the rental unit under the same
terms as the senior citizen if the senior
citizen pre-deceases him or her and if the
person designated is residing in the unit at
the time of the death of the senior citizen.
The person designated by the senior citizen
must be a lawful occupant of the unit, at
least fifty-five (55) years of age on the
date of the filing of the
Tenant-Participating Conversion Application,
and must have resided in the unit for a
continuous period of six months prior to the
filing of the Tenant-Participating Conversion
Application.
(B) All other non-
purchasing Participating Tenants who
personally occupied a rental unit in a
qualifying building continuously for at least
six (6) months immediately preceding the date
filing the Tenant-Participating Conversion
Application shall be given the nonassignable
right to continue to personally reside in
their unit subject only to just cause
eviction for a period of five (5) years form
the date the first unit is offered for sale.
No eviction shall be allowed during this time
period except for just cause provided the
eviction is not for the purpose of occupancy
by the owner, occupancy by any relative of
the owner, or demolition of the unit. In
addition, during this time period, should the
maximum allowable rent provisions of Article
XVIII of this Charter no longer apply, the
rent for each unit shall be adjusted annually
to allow an increase of no more than the
increase in the Price Index plus a reasonable
pro rata share of capital improvements for
the building's common areas or agreed to
capital improvements for the unit.
All rights under this Subsection shall
expire upon the termination of the
landlord-tenant relationship between the
owner and the participating tenant entitled
to the protection of this Subsection.
For purposes of this Subsection, "Just
cause" means one of the reasons set forth in
Subdivisions (a) through (g) of Section 1806
of this Charter.
This Subsection shall be interpreted in
accordance with Santa Monica City Attorney
Informal Opinion Number 84-57. All
amendments to this Subsection are declaratory
of existing law.
(8) Non-purchasing Participating
Tenants shall not be subject to eviction
pursuant to Government Code Section 7060 et
seq. ("the Ellis Act").
(9) The owner shall pay the
Tenant-Participating Conversion Tax in the
manner required by Section 2008 of this
Article.
(10) No owner shall close the
first escrow without completing the repairs
and alterations agreed to pursuant to Section
2002(c)(4) of this Article. The time to
complete the repairs and alterations may be
extended for a period not to exceed ninety
(90) days if the tenant purchasing the first
unit agrees to the extension and the owner
provides a bond approved by the California
Department of Real Estate in an amount
sufficient to cover the cost of the work yet
to be completed. The Building Officer of the
City of Santa Monica may authorize a further
extension of time to complete the repairs and
alterations upon finding that the owner has
diligently sought to make the repairs during
the initial extension period and that
additional time is reasonably required to
complete the work.
In addition to any other remedy provided
by law, for each consecutive calendar day
that an owner fails to complete the repairs
and alterations agreed to pursuant to Section
2002(c)(4) in a timely manner, the owner
shall be liable to the City in the amount of
two hundred and fifty dollars ($250.00) for
the first day and one hundred dollars
($100.00) per day for each day thereafter.
No penalty imposed under this subsection
shall exceed two (2) times the cost of the
repairs or alterations that were not timely
completed by the owner, but in no event shall
the penalty be less than $250.00.
(11) Prior to the filing and
approval of the Tenant-Participating
Conversion Application by the Planning
Commission or City Council on appeal, no
participating tenant shall offer or agree to
release all rights that he or she has to
purchase a rental unit in the building in
return for receiving money or other financial
consideration from the owner.
(12) The requirements of this
Section shall be set forth in the Declaration
of Covenants, Conditions, and Restrictions,
or equivalent document, and shall
specifically name the Participating Tenants
in each unit entitled to the benefits and
protections of this Article. The City shall
review and approve for compliance with this
Article the Covenants, Conditions, and
Restrictions, or equivalent documents, prior
to the approval of any required final
subdivision map or final parcel map, or if no
such map is required, prior to the filing of
the written consent required by Subdivision
(b)(1) of this Section. To the extent
applicable, the requirements of this Article
shall be made a part of the rental agreement
with the Participating Tenants.
(13) The Declaration of
Covenants, Conditions, and Restrictions, or
equivalent document, shall contain a
non-discrimination clause in substantially
the following form: "No unit owner shall
execute or file for record any instrument
which imposes a restriction upon the sale,
leasing or occupancy of his or her unit on
the basis of sex, race, color, religion,
ancestry, national origin, age, pregnancy,
marital status, family composition, handicap,
Acquired Immune Deficiency Syndrome
(A.I.D.S.), sexual orientation, or the
potential or actual occupancy of minor
children. The association shall not
discriminate on the basis of sex, race,
color, religion, ancestry, national origin,
age, pregnancy, marital status, family
composition, handicap, Acquired Immune
Deficiency Syndrome (A.I.D.S.), sexual
orientation, or the potential or actual
occupancy of minor children."
(14) The approval of a
Tenant-Participating Conversion Application
shall expire if any required final
subdivision map or final parcel map is not
approved within the time periods set forth in
the Subdivision Map Act of the State of
California, or if no such map is required, if
the written consent required by Subdivision
(b)(1) is not filed within the required time
period.
Section 2009 of the City Charter of the City of Santa Monica
is amended to read as follows:
SECTION 2009. Use of Tax. All monies
derived from the Tenant-Participating
Conversion Tax shall be annually appropriated
by the City Council for only the following
purposes:
(a) In accordance with Section 2000(d)
of this Article, to assist Low and Moderate
Income Households in Tenant-Participating
Conversions to purchase or improve their
units subject to an affordable repayment plan
including interest, keyed to future income
increases and gains on resale. Priority
shall be given to assisting Low and Moderate
Income Households in Limited Equity
Tenant-Participating Conversions. For at
least the first two (2) years from the
receipt of the first payment of the
Tenant-Participating Conversion Tax under
this Article, a substantial portion of the
tax proceeds shall be used for assisting
Limited Equity Tenant-Participating
Conversions.
(b) Up to one-sixth of the revenues
derived from Section 2008 may be used to
assist Middle Income Households in
Tenant-Participating Conversions to purchase
or improve their units if the City Council,
by five (5) affirmative votes, determines
that the needs of Low and Moderate Income
Households have been fully satisfied.
(c) To assist the City or a nonprofit
housing development corporation to purchase
units, for which a Tenant Participating
Conversion Application has been approved, for
lease or resale to Low, Moderate, or Middle
Income Households, provided that any unit so
acquired shall be subject to limited equity
resale provisions.
(d) To pay for reasonable and
necessary costs of administration of programs
required to meet the purposes of this
Section.
Section 2018 is added to the City Charter of the City of
Santa Monica to read as follows:
SECTION 2018. Prohibition of Non-TORCA
Conversion.
(a) No multifamily residential
conversion, whether by condominium, stock
cooperative, community apartment, cooperative
apartment, or other means, shall be approved
unless it is approved in accordance with this
Article.
(b) The General Plan of the City shall
at all times contain a provision that the
Tenant Ownership Rights Charter Amendment
shall be the only procedure by which a
multifamily residential conversion may be
approved.
EXHIBIT 6
PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA
TO BE SUBMITTED TO THE VOTERS
OF A PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF SANTA MONICA, CALIFORNIA
Section 1816 of the City Charter of the City of Santa Monica
is amended to read as follows:
Section 1816. Below Threshold
Rents.
(a) Definitions. The following
words or phrases as used in this Section
shall have the following meanings.
(1) Below Threshold Rents.
Rents below the threshold levels set forth
in subsection (a)(2) of this Section.
(2) Threshold Rents. Rents
which are affordable to households with
incomes at or below 70% of the Los
Angeles/Long Beach (Los Angeles County)
Statistical Area median income, adjusted
by family size, as published by the U.S.
Department of Housing and Urban
Development in 1990, increased by the
amount of any general adjustments adopted
by the Rent Control Board in 1991 and
subsequent years. The threshold rent
levels on the date of adoption of this
Section are set forth as follows:
Threshold
Unit Size Rents
0 bedroom (single) $477
1 bedroom $511
2 bedroom $613
3 bedroom $723
4 bedroom $766
(3) Threshold Rent
Adjustment. A rent adjustment from a
below threshold rent to a threshold rent.
(4) Voluntary Vacancy. For
purposes of this Section, voluntary
vacancy shall mean a unit which has been
vacated voluntarily by a tenant or vacated
as a result of a lawful eviction for
nonpayment of rent. The occurrence of a
vacancy in any of the following manners
shall not be considered a voluntary
vacancy:
(i) A vacancy created
when an owner or relative who obtained
possession of a unit pursuant to City
Charter Section 1806(h) after April 10,
1990, vacates that unit.
(ii) A vacancy that
occurs within two years of the filing of a
Notice of Intent to Withdraw Residential
Rental Units pursuant to Government Code
Section 7060 et seq.
(iii) A vacancy that
occurs following the withdrawal of
residential rental units pursuant to
Government Code Section 7060 et seq.
(iv) A vacancy which is
the result of harassment by a landlord.
(b) Rent Adjustment for Controlled
Units with Below Threshold Rents. Upon
certification as provided in subsection
(c) of this Section, the maximum allowable
rent on a controlled rental unit with a
below threshold rent shall be permitted
to be adjusted to the threshold rent
level.
(c) Conditions of Threshold Rent
Adjustment. A threshold rent adjustment
shall be authorized by the Rent Control
Board only after a landlord obtains
certification that the following
requirements have been met:
(1) The unit is vacant as
the result of a voluntary vacancy.
(2) The unit complies with
all applicable State and local health and
safety laws.
(3) The landlord has entered
into an agreement with the new tenant on a
form approved by the Rent Control Board
offering the unit to the tenant for a
period of at least three years. If the
tenant vacates the unit prior to
expiration of the agreement, the rent
shall revert to the maximum allowable rent
which existed prior to the threshold rent
adjustment with any allowable general
adjustments, unless the landlord enters
into an agreement with the successor
tenant for the remainder of the three-year
lease period.
(d) Subsequent Rent Adjustments.
Subsequent to an allowable threshold rent
adjustment, a controlled rental unit shall
be eligible for general adjustments and
individual adjustments authorized by the
Rent Control Board.
(e) Implementing Regula-
tions. The Rent Control Board shall adopt
regulations to implement a threshold rent
adjustment procedure within ninety (90)
days of adoption of this Section. The
Rent Control Board may from time to time
amend these regulations.
(f) Minimum Requirements. The
threshold rent levels contained in
subsection (a)(1) of this Section
represent a minimum level to which the
Rent Control Board must allow below
threshold rents to be adjusted. The Rent
Control Board is not constrained from
adopting a higher threshold rent level nor
from imposing a condition requiring that
up to thirty percent (30%) of the units
in each building participating in the
threshold rent program be rented to
households whose incomes are at or below
eighty percent (80%) of the Los
Angeles/Long Beach (Los Angeles County)
Statistical Area median income, adjusted
by family size, as published by the U.S.
Department of Housing and Urban
Development.
Section 1817 is added to the City Charter of the City of
Santa Monica as follows:
Section 1817. Rent Adjustment Upon
Vacancy.
(a) Allowable Vacancy Rent
Adjustment. Upon certification as
provided in subsection (c) of this
Section, a landlord shall be permitted to
increase the then existing maximum
allowable rent for a controlled rental
unit by ten percent (10%). However, no
more than one vacancy rent adjustment
shall be permitted for a particular unit
within a forty-eight (48) month period.
(b) Voluntary Vacancy. For
purposes of this Section, voluntary
vacancy shall mean a unit which has been
vacated voluntarily by a tenant or vacated
as a result of a lawful eviction for
nonpayment of rent. The occurrence of a
vacancy in any of the following manners
shall not be considered a voluntary
vacancy.
(1) A vacancy created when an
owner or relative who obtained possession
of a unit pursuant to City Charter Section
1806(h) after April 10, 1990 vacates that
unit.
(2) A vacancy that occurs
within two years of the filing of a Notice
of Intent to Withdraw Residential Rental
Units pursuant to Government Code Section
7060 et seq.
(3) A vacancy that occurs
following the withdrawal of residential
rental units pursuant to Government Code
Section 7060 et seq.
(4) A vacancy which is the
result of harassment by a landlord.
(c) Conditions of Vacancy Rent
Adjustment. A vacancy rent adjustment
shall be authorized by the Rent Control
Board only after a landlord obtains
certification that the following
requirements have been met:
(1) The unit is vacant as the
result of a voluntary vacancy.
(2) The landlord has painted
the unit and cleaned or replaced carpets,
floor coverings and window coverings, and
all appliances provided by the landlord
are in working order, unless it is
demonstrated that such maintenance has
been performed within the previous six (6)
months or it is demonstrated that such
maintenance is unnecessary. If window or
wall coverings, carpet or floor coverings
are more than seven (7) years old, they
shall be replaced unless it is
demonstrated that replacement is not
necessary.
(d) Relationship Between Rent
Adjustment on Vacancy and Below Threshold
Rent Adjustment. A vacant unit which is
eligible for a threshold rent adjustment
pursuant to Section 1816 shall also be
eligible for a vacancy rent adjustment
pursuant to this Section.
(e) Implementing Regulations.
The Rent Control Board shall adopt
regulations to implement a vacancy rent
adjustment procedure within ninety (90)
days of adoption of this Section. The
Rent Control Board may from time to time
amend these regulations.
(f) Minimum Requirements. The
allowable vacancy adjustment contained in
subsection (a) of this Section represents
the minimum percentage adjustment which
the Rent Control Board must allow provided
a landlord meets the conditions set forth
in subsection (c) of this Section. The
Rent Control Board is not constrained from
adopting a higher vacancy rent adjustment
nor from imposing differing maintenance
conditions so long as the Board in no
event requires a greater level of
maintenance than is required in subsection
(c) as a condition for the vacancy
adjustment allowed by subsection (a) of
this Section.
Section 1818 is added to the City Charter of the City of
Santa Monica to read as follows:
SECTION 1818. Mobilehomes. Within
120 days of the date of adoption of this
Section, the Board shall conduct a hearing
to determine if this Article as applicable
to mobilehomes and trailers is in
conformity with the decision of the Ninth
Circuit Court of Appeals in Hall v. City
of Santa Barbara, 833 F.2d 1270 (9th Cir.
1986), and other applicable decisions. If
the Board in connection with this review,
or any subsequent review, determines that
this Article as applied to mobilehomes and
trailers is not in conformity with such
decisions, the Board shall adopt
conforming regulations. In adopting
conforming regulations, the Board shall
consider all available alternatives to
secure compliance with court decisions
while best protecting the interests of
tenants. The Board is empowered, in
furtherance of the purposes of this
Section, to regulate the resale price of
mobilehomes and trailers as an alternative
to increasing the controlled rent upon
resale of a mobilehome or trailer.
Section 1819 is added to the City Charter of the City of
Santa Monica to read as follows:
Section 1819. Inconsistent
Provisions. Sections 1816 and 1817 are
inconsistent with and are intended as an
alternative to the amendments proposed in
the Voluntary Vacancy Decontrol and
Recontrol Charter Amendment of 1990
initiative. If the measure adopting this
Section and the Voluntary Vacancy
Decontrol and Recontrol Charter Amendment
of 1990 initiative are both passed by a
majority vote thereon, and the measure
adopting this Section obtains more votes,
the provisions of the Voluntary Vacancy
Decontrol and Recontrol Charter Amendment
of 1990 initiative shall be repealed and
be of no further force or effect.
EXHIBIT 7
PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA
TO BE SUBMITTED TO THE VOTERS
OF A PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF SANTA MONICA, CALIFORNIA
Section 630 is added to the City Charter of the City of
Santa Monica to read as follows:
SECTION 630. Inclusionary Housing.
The City Council by ordinance shall at all
times require that not less than thirty
percent (30%) of all multifamily-residen-
tial housing newly constructed in the City
on an annual basis is permanently
affordable to and occupied by low and
moderate income households. For purposes
of this Section, "low income household"
means a household with an income not
exceeding sixty percent (60%) of the Los
Angeles County median income, adjusted by
family size, as published from time to
time by the United States Department of
Housing and Urban Development, and
"moderate income household" means a
household with an income not exceeding one
hundred percent (100%) of the Los Angeles
County median income, adjusted by family
size, as published from time to time by
the United States Department of Housing
and Urban Development. At least
two-thirds of the newly constructed units
required to be permanently affordable by
this Section shall be affordable to and
occupied by low income households.
EXHIBIT 8
PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA
TO BE SUBMITTED TO THE VOTERS
OF A PROPOSED AMENDMENT TO THE CHARTER
OF THE CITY OF SANTA MONICA, CALIFORNIA
Section 1820 is added to the City Charter of the City of
Santa Monica to read as follows:
SECTION 1820. State Owned Property.
This Article shall not apply to any
property which is part of the State Park
System or sovereign tidelands and owned by
the State of California on July 1, 1990.
RESOLUTION NUMBER ____
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING CERTAIN OF ITS
MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING MEASURES
TO BE PLACED ON THE BALLOT AT THE GENERAL MUNICIPAL
ELECTION ON TUESDAY, NOVEMBER 6, 1990
WHEREAS, a General Municipal Election is to be held in the
City of Santa Monica on Tuesday, November 6, 1990; and
WHEREAS, at the General Municipal Election there will be
submitted to the qualified electors of the City of Santa Monica
one general obligation bond issue; and
WHEREAS, Elections Code Section 5010 et seq. provides for
procedures for arguments concerning city measures; and
WHEREAS, Elections Code Section 5013 authorizes the City
Council, or any member or members of the City Council authorized
by the City Council to file a written argument for or against any
City measure,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council authorizes the following
Councilmembers to file written arguments as follows:
Save Our Beach Initiative
ARGUMENT IN FAVOR OF: ______________________________
____________________________________________________.
ARGUMENT AGAINST: __________________________________
____________________________________________________.
Santa Monicans for a Livable Environment Initiative
ARGUMENT IN FAVOR OF: ______________________________
____________________________________________________.
ARGUMENT AGAINST: __________________________________
____________________________________________________.
Vacancy Decontrol Initiative
ARGUMENT IN FAVOR OF: ______________________________
____________________________________________________.
ARGUMENT AGAINST: __________________________________
____________________________________________________.
Elected City Attorney Initiative
ARGUMENT IN FAVOR OF: ______________________________
____________________________________________________.
ARGUMENT AGAINST: __________________________________
____________________________________________________.
TORCA Revisions
ARGUMENT IN FAVOR OF: ______________________________
____________________________________________________.
ARGUMENT AGAINST: __________________________________
____________________________________________________.
Rent Control Provisions
ARGUMENT IN FAVOR OF: ______________________________
____________________________________________________.
ARGUMENT AGAINST: __________________________________
____________________________________________________.
Inclusionary Housing
ARGUMENT IN FAVOR OF: ______________________________
____________________________________________________.
ARGUMENT AGAINST: __________________________________
____________________________________________________.
Sand and Sea Club Exemption
ARGUMENT IN FAVOR OF: ______________________________
____________________________________________________.
ARGUMENT AGAINST: __________________________________
____________________________________________________.
SECTION 2. Written arguments, not to exceed 300 words in
length, are to be filed with the City Clerk by 5:00 p.m. on
August 14, 1990. Arguments so submitted may be changed or
withdrawn by the authors until and including the date fixed by
the City Clerk after which no arguments for or against the
measure may be submitted to the City Clerk.
SECTION 3. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
____________________
ROBERT M. MYERS
City Attorney
RESOLUTION NUMBER ____
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A
REGULAR MUNICIPAL ELECTION OF THE CITY OF SANTA
MONICA TO BE HELD ON NOVEMBER 6, 1990, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON SAID DATE
PURSUANT TO ELECTIONS CODE SECTION 23302
WHEREAS, the City Council of the City of Santa Monica has
called a Regular Municipal Election in the City of Santa Monica,
in the Santa Monica-Malibu Unified School District, and in the
Santa Monica Community College District to be held on November 6,
1990, for the purpose of electing three members of the City
Council, four members of the Rent Control Board, four members of
the Board of Education of the Santa Monica-Malibu Unified School
District, and four members of the Board of Trustees of the Santa
Monica Community College District, and for the purpose of
submitting certain propositions and Charter amendments to the
voters of the City of Santa Monica; and
WHEREAS, it is desirable that the Regular Municipal
Election be consolidated with the Statewide General Election to
be held on the same date; that within the City of Santa Monica,
the Santa Monica-Malibu Unified School District, and the Santa
Monica Community College District, the precincts, polling places,
and election officers of the three elections be the same; that
the Registrar of Voters canvass the returns of the Regular
Municipal Election; and that the Statewide General Election and
Regular Municipal Election be held in all respects as if there
were only one election,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Elections Code Section 23300, the
Board of Supervisors of the County of Los Angeles is hereby
requested to consent and agree to the consolidation of a Regular
Municipal Election with the Statewide General Election on
Tuesday, November 6, 1990, for the purposes of the election of
three members of the City Council for terms ending in November,
1994, three members of the Rent Control Board for terms ending in
November, 1994, one member of the Rent Control Board for a term
ending November, 1992, four members of the Board of Education of
the Santa Monica-Malibu Unified School District for terms ending
November, 1994, and four members of the Board of Trustees of the
Santa Monica Community College District for terms ending
November, 1994.
SECTION 2. The following measures shall appear on the
ballot and be submitted to the voters of the City of Santa
Monica:
_________________________________________________________________
PROPOSITION " ." Shall a Beach
Overlay District in the area
bounded by the Pacific Ocean on
the west, by the City boundary on
the north, by the centerline of
Ocean Avenue and Neilson Way on
the east, and by the City boundary
on the south and prohibiting
hotel, motel and certain
restaurant development in that
District be established?
_________________________________________________________________
_________________________________________________________________
PROPOSITION " ." Shall a three
year Citywide moratorium on hotel
development, a Beach Overlay
District in the area bounded by
the Pacific Ocean on the west, by
the City boundary on the north, by
the centerline of Ocean Avenue and
Neilson Way on the east, and by
the City boundary on the south
(with certain exceptions), and
restricting fifty percent of the
transient occupancy tax generated
from hotels in the Beach Overlay
District at at 415 Pacific Coast
Highway for clean-up of the Santa
Monica Bay and for park
improvements be established?
_________________________________________________________________
_________________________________________________________________
PROPOSITION " ." Shall the City
Charter be amended to permit an
increase in the maximum allowable
rent upon a tenant's voluntary
vacancy of a rent controlled unit?
_________________________________________________________________
_________________________________________________________________
PROPOSITION " ." Shall the City
Charter be amended to provide for
an elected City Attorney?
_________________________________________________________________
_________________________________________________________________
PROPOSITION " ." Shall City
Charter Sections 2001, 2002, 2004,
and 2009 be amended and Section
2018 be added to the City Charter
to provide greater tenant
protections in the Tenant
Ownership Rights Charter Amendment
(TORCA) conversion process and to
prohibit conversions not processed
pursuant to the TORCA provisions?
_________________________________________________________________
_________________________________________________________________
PROPOSITION " ." Shall the City
Charter be amended to permit
certain specified rent increases
upon voluntary vacancy of low rent
units, to permit certain specified
rent increases upon voluntary
vacancy upon completion of
specified items of property
maintenance and to enable the Rent
Control Board to adopt certain
regulations applicable to
mobilehome parks?
_________________________________________________________________
_________________________________________________________________
PROPOSITION " ." Shall Section
630 be added to the City Charter
to require that not less than 30%
of all multifamily-residential
housing newly constructed in the
City on an annual basis would be
permanently affordable to low and
moderate income households?
_________________________________________________________________
_________________________________________________________________
PROPOSITION " ." Shall the City
Charter be amended to exempt from
the rent control law any property
which is part of the State Park
System or sovereign tidelands and
owned by the State of California
on July 1, 1990?
_________________________________________________________________
SECTION 3. The Registrar of Voters is hereby authorized to
canvass the returns of the Regular Municipal Election which it is
hereby requested to consolidate with the Statewide General
Election and said election shall be held in all respects as if
there were only one election, and only one form of ballot shall
be used.
SECTION 4. The Board of Supervisors of the County of Los
Angeles is hereby requested to issue instructions to the
Registrar of Voters to take any and all steps necessary for the
holding of the consolidated election.
SECTION 5. The City of Santa Monica recognizes that
additional costs shall be incurred by the County of Los Angeles
by reason of this consolidation and agrees to reimburse the
County of Los Angeles for any such costs.
SECTION 6. The City Clerk is directed to transmit and file
a certified copy of this Resolution with the Board of Supervisors
of the County of Los Angeles and to the Registrar of Voters.
SECTION 7. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
____________________
ROBERT M. MYERS
City Attorney
RESOLUTION NUMBER ____
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES TO RENDER
SPECIFIED SERVICES TO THE CITY OF SANTA MONICA
RELATING TO THE CONDUCT OF A REGULAR MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 6, 1990
WHEREAS, a Regular Municipal Election is to be held in the
City of Santa Monica on Tuesday, November 6, 1990; and
WHEREAS, in the course of conduct of the Regular Municipal
Election and in relation thereto it will be necessary to mail
sample ballots and polling place information to the registered
voters of the City of Santa Monica and the registered voters in
the Santa Monica-Malibu Unified School District and Santa Monica
Community College District lying outside the City of Santa
Monica; and
WHEREAS, it will facilitate the mailing of sample ballots
if the Registrar of Voters of the County of Los Angeles will make
available to the City of Santa Monica the computer record of the
names and addresses of all eligible registered voters in order
that labels may be printed for attaching to self-mailer sample
ballot pamphlets; and
WHEREAS, the City of Santa Monica desires the Registrar of
Voters to furnish such other election assistance as may be
authorized by state law; and
WHEREAS, all necessary expense in performing these services
shall be paid by the City of Santa Monica,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Elections Code Section 22003, the
City Council requests that the Board of Supervisors of the County
of Los Angeles permit the Registrar of Voters to provide the
following services to the City to the extent determined necessary
by the City Clerk: (1) prepare and furnish to the City of Santa
Monica for use in conducting its Regular Municipal Election the
computer record of the names and addresses of eligible registered
voters in the City of Santa Monica and in the Santa Monica-Malibu
Unified School District and Santa Monica Community College
District lying outside the City of Santa Monica in order that the
City of Santa Monica may print labels to be attached to
self-mailer sample ballot pamphlets; (2) furnish to the City of
Santa Monica printed indices of the voters to be used by the
precinct board at the polling place; (3) make available to the
City of Santa Monica additional election equipment and assistance
according to state law; and (4) such other services as may be
provided and deemed necessary to reduce the expense and
administrative burden of the election.
SECTION 2. The City of Santa Monica shall reimburse the
County of Los Angeles for services performed when the work is
completed and upon presentation to the City of Santa Monica of a
properly approved bill.
SECTION 3. The City Clerk is directed to forward without
delay to the Board of Supervisors of the County of Los Angeles
and to the Registrar of Voters a certified copy of this
Resolution.
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
____________________
ROBERT M. MYERS
City Attorney