R-9786F:\atty\muni\laws\mjm\torcaballotmeasure-1.wpd
City Council Meeting 7-23-02 Santa Monica, California
RESOLUTION NUMBER 9786 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS
ONE BALLOT MEASURE AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2002, AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN
ARGUMENTS FOR OR AGAINST THE MEASURE AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE
WHEREAS, on May 14, 2002, the City Council adopted a Resolution calling for and
giving notice of a General Municipal Election on November 5, 2002; and
WHEREAS, California Elections Code Section 9255 authorizes the govE~rning body
of a charter city to place charter amendments on the ballot; and
WHEREAS, the City Council of the City of Santa Monica wishes to place the
following charter amendments on the ballot at the General Municipal Electior~ to be held
on November 5, 2002,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AND PROCLAIM AS FOLLOWS:
SECTION 1 A General Municipal Election shall be called for November 5, 2002,
for the purpose, among other things, of submitting one initiative measure to i:he voters.
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SECTION 2. At the General Municipal Election called for November 5, 2002, the
following proposition shall be submitted to the qualified electors of the City of Santa
Monica:
SECTION 3. The City Clerk shall transmit to the City Attorney, in accordance with
Elections Code Section 9280, a copy of the foregoing measure. The City Attorney shall
prepare an impartial analysis of it, which analysis shall not exceed 5C10 words in length
each. The impartial analysis shall be filed by the date set by the City Clerk for the filing of
primary arguments. In accordance with Elections Code Section 9295, not less than 10
calendar days before the City Clerk submits the official election materials for printing, the
City Clerk shall make a copy of all applicable elections materials available for public
examination in the City Clerk's office.
SECTION 4. The City Council authorizes its members, as follows, to file written
arguments for or against the measure described above and which is contained in Exhibit
1 to this Resolution, which Exhibit is incorporated by reference herein:
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FOR: Mayor Pro Tem McKeown plus 4 additional Councilmembers/designees.
AGAINST: N/A
All written arguments filed by any person in favor of or against any measure,
including any rebuttal arguments, shall be accompanied by the names and signatures of
the persons submitting the argument as required by applicable law, and any names,
signatures and arguments may be filed until the time and date fixed by the City Clerk, after
which no change may be submitted to the City Clerk unless permitted by law.
SECTION 5. The City Clerk shall cause the text of the measure, which is contained
in Exhibit 1, together with the City Attorney impartial analysis, and any arguments for or
against the measure, as well as any rebuttal, 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 forty (40) days and not more than sixty (60) days before the General
Municipal Election, shall cause the text of the measure to be published once in the official
newspaper and in each edition thereof during the day of publication The City Clerk is
authorized to give such notices and to fix such times and dates as are required by law or
which are appropriate to conduct properly the election,
SECTION 6. The provisions of Resolution Number 9760 (CCS) are referred to for
more particulars concerning the General Municipal Election to be held on November 5,
2002 and in all respects the election shall be held and conducted as provided for by
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applicable law. The City Clerk is authorized and directed to procure and furnish any official
ballots, notices, printed materials and all supplies or equipment that may be necessary in
order to properly and lawfully conduct the election
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:
Q~fs-~ `~,(
MAR HP~ JONE OUTRIE
City A orney
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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 MOI~TCA
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 TaY shall be
annually appropriated by the City Council for only the following purposes
(a) To pay for reasonable and necessary costs of development and
administration of programs required to meet the purposes of this Section. Such
monies shall not be used for costs attributable to the processing of Tenant-
Participating Conversion Applications or to the non-project related administrative
overhead of nonprofit housing development corporations that are acquiring and
rehabilitating, constructing, or providing rental subsidies for affordable housing in
the City.
(b) 6nc-i~a~fvf The revenues derived from Section 2008 that remain after
deducting the revenues appropriated pursuant to Subsection (a) of this Section
shall be used as follows
(1) To assist Low Income Households 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.
Upon resale of a unit by a household assisted pursuant to this Subsection, the City
shall receive a percentage of the appreciated value of that unit obtained by the
assisted household. In the case of a direct loan, the percentage of the appreciated
value received by the City shall not be less than the percentage of the loan to the
purchase price for the unit. In the case of a loan made by a private lender that is
guaranteed by the City, the percentage of the appreciated value received by the
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the City to the overall loan provided by the private lender.
(2) 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 and Moderate Income Households, provided
that any unit so acquired shall be subject to limited equity resale provisions,
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To assist the City or a nonprofit housing development
corporation to acquire and rehabilitate, construct, aid in the financing of, or
provide rental subsidies for temporary or permanent housing for Low Income
Households,
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I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9786 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 23~d of July, 2002, by the
following vote:
Ayes: Council members: O'Connor, Bloom, Genser, Katz, Mayor
Pro Tem McKeown, Mayor Feinstein
Noes: Council members: Holbrook
Abstain: Council members: None
Absent: Council members: None
TTEST:
Maria Stewart, City Cler