R-9777
F :\atty\mu ni\laws\mjm\ballotmeasures-1 .doc
City Council Meeting 6-25-02
Santa Monica, California
RESOLUTION NUMBER 9777 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS TWO BALLOT
MEASURES AND ONE REFERENDUM 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
MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF EACH 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, two initiatives to amend the City Charter and one referendum to repeal
an ordinance have qualified for the ballot pursuant to Elections Code Sections 9200 et seQ.
and Government Code Sections 34450 et seQ.; and
WHEREAS, the City Council of the City of Santa Monica wishes to place these
measures and referendum on the ballot at the General Municipal Election to be held on
November 5, 2002,
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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 two initiative measures to the voters,
and one referendum.
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:
PROPOSITION "." Shall the City Charter and
Municipal Code be amended to change the
system of electing City Council members by YES
creating City Council districts, imposing term limits
for Council members, and establishing a
municipal primary election with runoffs in the fall,
to add to the seven-member Council a mayor,
who would be elected City-wide and would serve
as the Council's non-voting chairperson, and to
change the process for Council actions by giving
the mayor the power to veto Council actions, NO
including emergency actions, which veto could be
nullified if a specified number of Council members
vote to override it?
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SECTION 3. 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:
PROPOSITION "." Shall the City Charter be
amended to establish procedures for converting
apartment buildings, trailer parks and other rental YES
housing to condominiums or other common
ownership housing, which would be exempt from
certain planning and zoning laws, and
procedures for allowing tenants to either become NO
owners or continue as tenants with specified
rights and protections?
SECTION 4. At the General Municipal Election called for November 5, 2002, the
following referendum shall be submitted to the qualified electors of the City of Santa
Monica:
PROPOSITION"." Shall Ordinance No. 2015
(CCS) establishing local minimum wage YES
requirements, initially set at $10.50 per hour with
health care benefits, or at $12.25 per hour
without health care benefits, applicable to the
City, its service contractors, and private
businesses, which are located in the coastal and NO
downtown areas and have gross annual receipts
over $5 million, and establishing an exemption
for businesses which show severe economic
hardship, be adopted?
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SECTION 5. The City Clerk shall transmit to the City Attorney, in accordance with
Elections Code Section 9280, a copy of each City measure which qualified for the ballot.
The City Attorney shall prepare an impartial analysis of all City measures placed on the
ballot, which analysis shall not exceed 500 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 6. The City Council authorizes its members, as follows, to file written
arguments for or against the measures described above and which are contained in
Exhibits 1,2 and 3 to this Resolution, which Exhibits are incorporated by reference herein:
(a) Exhibit 1, proposition concerning amending City Charter to create
districts, among other things:
FOR: Robert Holbrook.
AGAINST: Richard Bloom, Michael Feinstein, Ken Genser, Herb Katz.
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(b) Exhibit 2, proposition concerning amending City Charter to permit
tenant ownership of certain properties, among other things:
FOR: None.
AGAINST: Richard Bloom, Michael Feinstein, Ken Genser.
(c) Exhibit 3, proposition concerning creating local minimum wage, among
other things:
FOR: Richard Bloom, Michael Feinstein, Ken Genser, Kevin McKeown.
AGAINST: Herb Katz and Hobert Holbrook.
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 7. The City Clerk shall cause the text of each measure, which are
contained in Exhibits 1, 2 and 3, together with the City Attorney impartial analysis, and any
arguments for or against each 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 each measure to be published once in
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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 8. 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
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 9. 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:
(1~~~~
M SHA JO S MOUTRIE
City Attorney
EXHIBIT 1
AN INITIATIVE MEASURE AMENDING V ARlOUS CITY CHARTER PROVISIONS
AND ADDING A SECTION TO THE MUNICIPAL CODE TO
REPLACE CITY-WIDE COUNCIL ELECTIONS WITH DISTRICT
ELECTIONS, IMPOSE TERM LIMITS, CHANGE THE CITY COUNCIL
COMPOSITION BY ADDING AN ELECTED MAYOR WITH SPECIFIED DUTIES
AND AUTHORITY, INCLUDING VETO POWER, AND CHANGE THE WAY
LEGISLATION IS ENACTED
This measure would amend the City Charter and Municipal Code provisions governing
City Council elections, City Council composition, the duties of the Mayor, and the process for
adopting municipal legislation. The measure establishes a form of term limits.
The measure would replace the current seven-member City Council with seven voting
Councilmembers and a mayor. Councilmembers would be elected by specified districts, and the
Mayor would be elected City-wide. Except as specified, Councilmembers would be limited to
two consecutive terms in office. The Mayor would participate in Council meetings, but would
not vote, except in case of a tie and in all matters concerning the removal of either the City
Manager or the City Attorney. The new duties and authority of the Mayor would include vetoing
legislation, chairing Council meetings, establishing agendas, designating the Mayor Pro
Tempore, and calling special emergency meetings. If the office of Mayor were vacated due to
resignation, death, or incapacity, the City Council would be required to call a special election
within 90 days. The measure would establish a run-off procedure for both Council and Mayoral
elections when no candidate receives more than 50% of the votes cast.
The measure would change the way legislation is enacted by the Council. Every
ordinance passed by the Council would be presented to the Mayor for approval. The Mayor
would then have 10 days to approve or veto the ordinance. The Mayor could approve the
ordinance either by signing it or by allowing it to become law without signing. The Mayor could
veto the ordinance by submitting a written statement of objections to the City Clerk. However,
the Mayor could not veto any Charter Amendment or any nonbinding statement of intent
proposed by the City Council. After the veto, the Council would have 30 days to vote to
override the veto. The override would require 5 votes.
The seven City Council districts that would be created by the measure are: "City Center-
North of Wilshire District," "North of Montana District," "Wilshire Corridor District," "Mid-
City Area District," "Ocean Park District," "Pico Neighborhood District," and "Sunset Park
District." The measure specifies exact district boundaries and includes a process, including
creation of a task force, for redrawing boundaries following each decennial federal census. The
measure specifies that the mayoral and three Council district elections would occur in 2002, with
the remaining district elections occurring in 2004.
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WORD COUNT: 449
PETITION FOR SUBMISSION TO VOTERS OF PROPOSED AMENDMENTS TO THE
CHARTER AND MUNICIPAL CODE OF THE CITY OF SANTA MONICA
To the City Council ofthe City of Santa Monica:
We the undersigned, registered and qualified voters of the State of California, residents of the
City of Santa Monica, pursuant to Section 3 of Article XI of the California Constitution and Chapter 2
(commencing with Section 34450) of Part I of Division 2 of Title 4 of the Government Code, present to
the City Council of the City of Santa Monica this petition and request that the following proposed
amendment to the charter of the City and proposed municipal ordinance be submitted immediately to the
registered and qualified voters of the City for their adoption or rejection at a special election on a date to
be determined by the City Council pursuant to sections 9214 & 9255 of Division 9 of the Elections
Code.
The proposed charter amendment and proposed ordinance read as follows (with amended language in
bold face type and deleted language in stlikG out type):
SECTION I - TITLE
This measure shall be known and may be cited as "Voters Election Reform Initiative for a True
Accountability System"( "VERITAS")
SECTION II - FINDINGS AND DE CLARA TIONS
The People find and declare as follows:
(a) The Mayor of Santa Monica should be elected by, and accountable to, the People of Santa
Monica. Currently, the Mayor is chosen only by the seven City Council members.
(b) Political power should not be concentrated in the hands of a few long term City Council
incumbents. Such concentrated power stifles competition and discourages other qualified candidates
from seeking office. Responsible limits on consecutive terms for City Council members and the Mayor
will make the electoral process more democratic.
(c) Every neighborhood in Santa Monica should have an equal voice on the City Council.
Currently, some Santa Monica neighborhoods are less frequently represented, or not represented at all
on the City Council. In particular, no City Council member has ever been elected from the Pi co
Neighborhood.
(d) Our system of democratic government depends upon representatives who are accountable to
the citizens they serve. To improve accountability, Council members should reside in and be elected
from every neighborhood in the City. Neighborhood district elections will promote more personal
contact with Council representatives, insure a wider and more diversified range of input on issues before
the Council, reduce the reliance upon City-wide slate mailings, and decrease the cost of running for
office.
(e) The VERITAS neighborhood districts give a voice and a vote to all seven of Santa Monica's
historic neighborhood areas, balanced according to census data as required by law. The first
neighborhood districts to hold elections shall include the Pico Neighborhood, the Mid-City Area, and
the North of Montana areas.
Page 1 of 11
(f) The Council Members and Mayor should be elected by a majority of the voters. Currently,
Council Members usually are elected with substantially less than a fifty percent (50%) majority vote.
To assure that Council Members and the Mayor are elected by the largest number ofthe voters, a
Primary Municipal Election shall be held at the same time as the California state primary. If no City
Council candidate receives more than 50% of the qualified votes cast in his or her district, then the two
candidates receiving the highest number of votes cast shall run in the General Municipal Election where
the candidate receiving the highest number of votes cast shall be elected to that district office. In the
same way, ifno candidate for Mayor receives more than 50% of the qualified votes cast city wide at the
Primary Municipal Election, then the two candidates for Mayor receiving the highest number of votes
cast shall run in the General Municipal Election where the candidate receiving the highest number of
votes cast shall be elected Mayor.
(g) The Mayor shall preside over meetings of the City Council. The Mayor may veto any
ordinance. The Council may override a veto upon a two-third majority vote (a five vote majority.)
(h) VERITAS implements three fundamental American government traditions:
FIRST, VERITAS balances the power of the at-large elected chief official with that of the
elected legislative body. The power ofthe Mayor to veto legislation (like the U.S. President and the
Governor of California) is counter-balanced by the power of the City Council to override a veto with a
two-thirds majority vote (power also given to the U.S. Congress and the California legislature).
SECOND, VERITAS balances the at-large election of the government's chief official, the Mayor
(similar to the U.S. President and the Governor of California), with the equal-population, geographical
based election of the legislative body, the City Council (similar to the U.S. House of Representatives
and the California Senate and Assembly.)
THIRD, the election of the U.S. President, California Governor, U.S. Senators, U.S.
Representatives, California Senators, and the California Assembly Members ALL utilize a Primary
Election, followed by a General Election. VERIT AS implements a Santa Monica Municipal Primary to
be held every two years at the same time as the California State Primary in even numbered years, and a
Santa Monica General Municipal Election held at the same time as the California General Election in
even numbered years.
(i) The VERITAS reforms, which include neighborhood district elections, term limits, a
municipal primary, and the election of an at-large Mayor by the People, will strengthen our city
manager form of government by creating a more accurate and effective method for the People to
communicate their will to the city government.
CD The VERIT AS seven neighborhood districts comply with the criteria established in the
ordinance and constitute natural neighborhood areas of contiguous and compact territory bounded by
natural boundaries or street lines, and will provide fair representation on the City Council.
(k) The voters understand that the district boundaries that may be used if the first elections
under districts are held in 2002 were drawn without the benefit of the census data published for the
decennial census in 200 I; the People find that the City of Santa Monica is a built-out community and
that the distribution of its population has remained relatively stable among its neighborhoods; and
believe that the proposed district boundaries will create districts nearly equal in size both before and
after the 200 I census.
SECTION III - PROPOSED AMENDMENTS TO CITY CHARTER
Section 600, of Article VI, of the City Charter, is amended to read:
Page 2 of 11
600 Number and, term & Districts.
(a) The City Council shall consist of seven voting members elected from the City by district and one
Mayor elected from the city at large, at the times and in the manner in this Charter provided, and who
shall serve for a term of four years. The mayor shall be a non,voting member of the Council unless
his or her vote is needed to break a tie.
The term of all membcls shall commence on the:. filSt Tuesday following such election and each membel
shall ser vC until the membu's succeSSOl is elected and qualified. Any ties in voting shall be scttled by
the casting of lots.
No member of the City Council or the Mayor may serve more than two consecutive four year
terms for the same office. Nothing in this section shall work to prevent any person from serving
any number of non-consecutive terms. Any person serving on the City Councilor as Mayor for
two or more years of a four year term shall be deemed, for the purpose of this section, to have
served one term. This limitation on the number of terms of office which City Council members or
the Mayor may serve shall apply only to terms of office which begin immediately following the
municipal election at which this Charter amendment is adopted or following the next municipal
election for Council Members if the Charter amendment is adopted at a special election in which
no council candidates seek office.
(b) The seven voting members of the City Council shall be elected by seven districts as established
by separate ordinance. These districts shall be used for the election or recall of members of the
City Council, and for the filling of any vacancy in the City Council by appointment.
(c) Within 60 days following the publication of the decennial federal census beginning in 2010, the
City Clerk shall determine the total population of the City of Santa Monica and each of the seven
districts and report its findings to the City Council. If any district deviates more than the
maximum percentage allowable under established law, the City Clerk shall convene the District
Elections Task Force in the manner set forth in the Municipal Code.
(d) For the purpose of nominating and electing the seven members of the City Council by
districts, the first election under this Charter Amendment shall be held in 2002 at the next
municipal primary and general elections as defined in Section 1400 following adoption of this
Charter amendment. The 2002 elections shall be for the purpose of electing the Mayor and
electing at least three other Council Members to take the seats of the three incumbents whose
terms expire following the 2002 election. Among the first districts to be established for Council
Member elections by districts shall be the Pico Neighborhood, North of Montana, and Mid-City
Area districts as described and set forth by ordinance separately adopted. The election for
Council Members from the remaining districts shall be held at the next municipal primary and
general election two years later.
(e) Any Council Member in office at the time this Charter Amendment takes effect may continue
in office until his or her term in office expires. A Council Member who resides in the first districts
from which Council Members shall be elected, and whose term of office does not expire
immediately following the first municipal general election under districts, may run for a district
council seat at the first municipal primary election under districts, and, if elected shall vacate his
or her "at large" seat.
Page 3 of 11
Section 601, of Article VI, of the City Charter, shall be amended to read:
60 I Eligibility.
No person shall be eligible to hold officc as a member of the City Council unless he shall be a qualified
electOl at the timc of his nomination, and shall have been a iesident ofthc City fOl at least t~o years
prcGcding thc date of his election 01 appointment.
(a) No person shall be eligible to hold office as a City Council Member unless he or she is a
qualified elector in the district for which he or she seeks office for at least thirty days prior to the
first date for filing as a candidate or thirty days prior to appointment to fill a vacancy on the City
Council.
(b) No person shall be eligible to hold office as the Mayor unless he or she is a qualified elector in
the City for at least thirty days prior to the first date for filing as a candidate for Mayor.
Section 603 of Article VI of the City Charter shall be amended to read:
603 Vacancies.
A vacancy in the City Council from whatever cause arising, shall be filled by appointment by the
City Council, such appointee to hold office until the first Tuesday in December following the next
general municipal election and until the appointee's successor is elected and qualified. At the next
Primary and General Municipal election following any vacancy, a Councilmember shall be elected to
serve for the remainder of any unexpired term.
If a member of the City Council is absent from all regular meetings of the City Council for a
period of sixty days consecutively from and after the last regular City Council meeting attcnding
attended by such member, unless by permission of the City Council expressed in its official minutes, or
is convicted of a crime involving mOTal turpitude, or ceases to be an elector of the City, the City
Councilmember's office shall become vacant and shall be so declared by the City Council.
In the event the City Council shall fail to fill a vacancy by appointment within thirty days after
such office shall have been declared vacant, it shall forthwith cause an election to be held to fill such
vacancy, such election to occur at least 88 days but no longer than 103 days following expiration of the
thirty days.
Section 604 of Article VI of the City Charter shall be amended to read:
604 Presiding Officer. Mayor.
(a) 011 dle filSL Tuesday followillg allY gellelal OL speciall11Ullicipal eleClioll aL wl1icll CiLy Coullcil
lllelllbeis are elected, LLe City Coullcllsklll111eel ald shall elect Oile of its lllelllbers as its presidil1g
office 1 , wl10 s11all Lave dle LiLle of Mayor. The Mayol sLall Lcive a voice aud vote ill all iLS proceediugs.
The Mayor shall preside over all proceedings of the City Council, set proceeding agendas, have a
voice in all proceedings, but may not vote in any proceeding, except for the purpose of breaking a
Page 4 of 11
tie. The Mayor shall serve as the city council's liaison with the city manager. The Mayor shall
represent the City in intergovernmental relations in accordance with City policy and supervise the
City's intergovernmental function. The Mayor shall be the official head of the City for all ceremonial
purposes. The Mayor shall perform such other duties as may be prescribed by this charter or as may be
imposed by the City Council consistent with the Mayor's office. TLe Mayor sLall serve ill sucL capacity
al the tlleaSLlle of tile Cily Couildl.
(b) Notwithstanding any other provision of this Charter, in the event of a vacancy in the office of
Mayor due to resignation, death, incapacitation, or other similar circumstance, the City Council
shall call a special election to occur within ninety days of the effective date of the vacancy for the
purpose of electing a new Mayor.
(c) Any candidate in a special election conducted pursuant to subdivision (b) who receives more
than 50% of the qualified votes shall assume office as Mayor as soon as practicable following the
official certification of the election results. If no candidate receives more than 50% of the
qualified votes, a runoff election shall be held within sixty days of the special election between the
two candidates who received the most votes in the special election.
(bd) Mayor Pro Tempore. The City Council Mayor shall also designate one of-its the voting City
Council Members as Mayor Pro Tempore. The Mayor Pro Tempore shall perform the duties of the
Mayor during the Mayor's temporary absence or disability. The Mayor Pro Tempore shall serve in
such capacity at the pleasure of the Mayor.
Section 612 of Article VI, of the City Charter shall be amended to read:
612. Special and emergency meetings.
The Mayor or the City Council may call special emergency meetings at locations, upon notice,
and in accordance with procedures as permitted by law.
Section 615 of Article VI, of the City Charter shall be amended to read:
615 Adoption of ordinances and resolutions.
(a) Introduction and passage.
With the sole exception of ordinances which take effect upon adoption, hereinafter referred to, no
ordinance shall be adopted by the City Council on the day of its introduction, nor within five days
thereafter, nor at any time other than at a regular or adjourned regular meeting. At the time of adoption
of an ordinance or resolution it shall be read in full, unless, after the reading of the title thereof, the
further reading thereof is waived by unanimous consent of the City Councilmembers present. In the
event that any ordinance is altered after its introduction, the same shall not be finally adopted except at
a regular or adjourned regular meeting, held not less than five days after the date upon which such
ordinance was so altered. The correction of typographical or clerical errors shall not constitute the
making of an alteration within the meaning of the foregoing sentence.
No order for the payment of money shall be adopted or made at any other than a regular or adjourned
regular meeting.
Page 5 of 11
The affirmative votes of at least four members of the City Council shall be required for the enactment of
any ordinance or resolution, or for the making or approving of any order for the payment of money.
Emergency Ordinances. Any ordinance declared by the City Council to be necessary as an emergency
measure for preserving the public peace, health or safety and containing at statement of the reasons for
its urgency, may be introduced and adopted at one and the same meeting if passed by at least five
affirmative votes.
(b) Presentation to Mayor.
Every ordinance passed by the Council shall, before it becomes effective, be signed by the City
Clerk or other person authorized by the Council, and be presented to the Mayor for approval and
signature. The Mayor may not veto any Charter Amendment proposed by the Council nor any
non, binding statement of intent proposed by the Council. If the Mayor vetoes the ordinance, the
Mayor shall endorse on it the date of its presentation to him or her, and return it to the City Clerk
with a written veto statement of objections to the ordinance. The City Clerk shall endorse the veto
statement on the ordinance the date of its return to him or her. If the Mayor does not approve or
veto an ordinance in accordance with this section within ten days after its presentation to him or
her, the ordinance shall be as effective as if signed by the Mayor.
(c) Override by Council.
The City Clerk shall present the ordinance, with the objections of the Mayor, at the first Council
meeting after the Clerk has received the Mayor's objections. The Council may pass any ordinance
over the veto of the Mayor within 30 days after the objections of the Mayor are presented to the
Council, by a five,member vote of the Council if a four,member vote were required for the passage
of the original ordinance. If five or more votes were required for the passage of the original
ordinance, the same number of votes required for the passage of the original ordinance shall be
required to override the Mayor's veto.
Section 700 of Article VII., of the City Charter, shall be amended to read:
700. Officers to be appointed by the City Council.
The City Council shall appoint the City Manager and the City Attorney, which positions shall
not be in the Classified Service, and who may be removed by motion of the City Council adopted by at
least five affirmative votes. The Mayor shall have the right to vote in all matters concerning the
removal of either the City Manager or the City Attorney.
It shall also appoint the City Clerk, which position shall be in the Classified Service.
The provisions of this section shall take effect and control over any other provisions of this
Charter in conflict with this section.
Section 1400, of Article XN of the City Charter shall be amended to read:
1400. Gen~Ial Municipal Elections.
Page 6 of 11
Genetal Municipal Elections for the filling of electi ve office shall be held in said City on the filst
Tuesday after the figt Monday ofNovcmber ill each evcn numbered year commencing with the year
t9-&t:-
[.01 those elected officGls whosc telms are. to expirc in April 1985, those tellus shall expire ill November
1984.[.or those elected offiGGIS whose telms are scheduled to expire in Apti11987, those terms shall
expire in NOve,Illber 198G. The elections to fill said office shall bc held on the, dcction days
established pUlsuant to this Artide. The terms ofthc officers cleete,d in Novembcr of cven numbcred
yeats shall begin on the first Tuesday following their electioll5.
(a) Primary Municipal Elections for the filing of elective office shall be held on the date of the
California state primary held in even numbered years, commencing immediately following
adoption of this Charter Amendment requiring elections by district for City Council Members
and city-wide for Mayor, and thereafter. General Municipal Elections for the filling of elective
office shall be held on the first Tuesday after the first Monday of November in each even
numbered year.
(b) If no City Council candidate receives a majority of the vote in a district in the Primary
Municipal Election, the two persons in the district receiving the highest number of votes in the
primary shall run in the General Municipal Election. In the General Municipal Election, the
candidate receiving the highest number of votes in the district shall be the Council Member for
that district.
(c) Uno mayoral candidate receives a majority of the vote city wide in the Primary Municipal
Election, the two persons in the city receiving the highest number of votes in the primary shall run
in the General Municipal Election. In the General Municipal Election, the candidate receiving the
highest number of votes in the city shall be elected Mayor.
(d) The terms of the officers elected in even-numbered years shall begin on the first Tuesday in
December following the General Municipal Election.
(e) Each ballot in any Primary, General, or Special Municipal Election shall provide an
opportunity for voters to write-in for each office on the ballot, the name of any person whose
name does not appear on the ballot and for whom the voter wishes to vote.
(f) The provisions ofthis Section shall take effect and control over any other provisions of this Charter
in conflict with this Section.
SECTION IV - PROPOSED ORDINANCE FOR MUNICIPAL CODE
Section 11.04.190 is added to the Santa Monica Municipal Code to read as follows:
(a) At such time as the voters of Santa Monica mandate City Council elections by district, seven
City Council Districts shall be bounded and described as follows until and unless redefined in the
manner set forth in the charter of the city. In the first group of districts to select Council
Members shall be the districts described as the Pico Neighborhood, North of Montana, and Mid-
Page 7 of 11
City Area. In the second group of districts to select Council Members two years later shall be the
districts described as Sunset Park, the Wilshire Corridor, and Ocean Park. The remaining
district, the City Center-North Wilshire district, shall be included in the first election to include
four City Council districts. The City Clerk shall assign odd or even numbers to the districts in
her or her discretion depending on whether the first election for districts is held in a year with a
group of three seats up for election or four seats up for election and depending on whether the
first City Center - North of Wilshire district election is to fill an unexpired term for two years or
to fill a four year term.
(1) One Council Member District which shall be called the CITY CENTER-NORTH OF
WILSHIRE DISTRICT is hereby established as aU that portion of the City of Santa Monica,
commencing on the point of the intersection of the southwestern boundary of the City of Santa
Monica and the northwestern boundary of the City of Santa Monica (the westernmost point of the
City); thence northeasterly along the said northwestern boundary line to the intersection of said
boundary line with the center line of Fourth Street; thence southeasterly along the center line of
Fourth Street to the center ofthe intersection of Fourth Street and Montana Avenue; thence
northeasterly along the center line of Montana Avenue to the center of the intersection of
Montana Avenue and Sixth Street; thence southeasterly along the center line of Sixth Street to the
center of the intersection of Sixth Street and Wilshire Boulevard; thence northeasterly along the
center line of Wilshire Boulevard to the center of the intersection of Wilshire Boulevard and
Seventh Street; thence southeasterly along the center line of Seventh Street to the center of the
intersection of Seventh Street and Colorado Avenue; thence northeasterly along the center line of
Colorado Avenue to the center ofthe intersection of Colorado Avenue and Lincoln Boulevard;
thence southeasterly along the center line of Lincoln Boulevard to the center of the intersection of
Lincoln Boulevard and Pico Boulevard; thence southwesterly along the center line of Pico
Boulevard to the center of the intersection of Pi co Boulevard and Sixth Street; thence
southeasterly along the center line of Sixth Street to the center of the intersection of Sixth Street
and Bay Street; thence southwesterly along the center line of Bay Street to the center of the
intersection of Bay Street and Sixth Street; thence southeasterly along the center line of Sixth
Street to the center of the intersection of Sixth Street and Pacific Street; thence southwesterly
along the center line of Pacific Street to the center of the intersection of Pacific Street and Fourth
Street; thence northwesterly along the center line of Fourth Street to the center ofthe intersection
of Fourth Street and Bicknell Avenue; thence southwesterly along the center line ofBickneU
Avenue and its prolongation to the southwestern boundary line of the City of Santa Monica;
thence northwesterly along said southwestern boundary line to the point of beginning;
(2) One Council Member District which shall be called the NORTH OF MONTANA DISTRICT is
hereby established as all that portion of the City of Santa Monica, commencing on the point at the
center of the intersection of Fourth Street and Montana Avenue; thence northwesterly along the
center line of Fourth Street to the northwestern boundary line of the City of Santa Monica; thence
northeasterly along said northwestern boundary line to the northeastern boundary line of the City
of Santa Monica; thence southeasterly along said northeastern boundary line to the intersection of
said northeastern boundary line and the northwestern boundary line of the City of Santa Monica;
thence northeasterly along said northwestern boundary line to the northeastern boundary line of
the City of Santa Monica; thence southeasterly along said northeastern boundary line to the
intersection of said northeastern boundary line and the center line of Wilshire Boulevard; thence
southwesterly along the center line of Wilshire Boulevard to the center of the intersection of
Page 8 of 11
Wilshire Boulevard and Twenty-first Street; thence northwesterly along the center line of Twenty-
first Street to the center of the intersection of Twenty-first Street and Idaho Avenue; thence
southwesterly along the center line of Idaho Avenue to the center of the intersection of Idaho
Avenue and Twentieth Street; thence northwesterly along the center line of Twentieth Street to
the center of the intersection of Twentieth Street and Montana Avenue; thence southwesterly
along the center line of Montana Avenue to the point of beginning;
(3) One Council Member District which shall be called the WILSIDRE CORRIDOR DISTRICT
is hereby established comprising all that portion of the City of Santa Monica, commencing on the
point at the center of the intersection of Sixth Street and Wilshire Boulevard; thence
northwesterly along the center line of Sixth Street to the center of the intersection of Sixth Street
and Montana Avenue; thence northeasterly along the center line of Montana Avenue to the center
of the intersection of Montana Avenue and Twentieth Street; thence southeasterly along the
center line of Twentieth Street to the center of the intersection of Twentieth Street and Idaho
Avenue; thence northeasterly along the center line of Idaho Avenue to the center of the
intersection of Idaho Avenue and Twenty-first Street; thence southeasterly along the center line of
Twenty-first Street to the center ofthe intersection of Twenty-first Street and Wilshire Boulevard;
thence southwesterly along the center line of Wilshire Boulevard to the point of beginning;
(4) One Council Member District which shall be called the MID-CITY AREA DISTRICT is
hereby established comprising all that portion of the City of Santa Monica, commencing on the
point at the intersection of the center line of Colorado Avenue and the northeastern boundary line
of the City of Santa Monica; thence southwesterly along the center line of Colorado Avenue to the
center of the intersection of Colorado Avenue and Twentieth Street; thence northwesterly along
the center line of Twentieth Street to the center of the intersection of Twentieth Street and Santa
Monica Boulevard; thence southwesterly along the center line of Santa Monica Boulevard to the
center of the intersection of Santa Monica Boulevard and Sixteenth Street; thence southeasterly
along the center line of Sixteenth Street to the center of the intersection of Sixteenth Street and
Broadway; thence southwesterly along the center line of Broadway to the center of the
intersection of Broadway and Eleventh Street; thence southeasterly along the center line of
Eleventh Street to the center of the intersection of Eleventh Street and Colorado Avenue; thence
southwesterly along the center line of Colorado Avenue to the center of the intersection of
Colorado Avenue and Seventh Street; thence northwesterly along the center line of Seventh Street
to the center of the intersection of Seventh Street and Wilshire Boulevard; thence northeasterly
along the center line of Wilshire Boulevard to the intersection of the center line of Wilshire
Boulevard and the northeastern boundary line of the City of Santa Monica; thence southeasterly
along said northeastern boundary line to the point of beginning;
(5) One Council Member District which shall be called the OCEAN PARK DISTRICT is hereby
established comprising all that portion of the City of Santa Monica, commencing on the point
where the southwestern boundary line of the City of Santa Monica intersects the prolongation of
the center line of Bicknell Avenue; thence northeasterly along the center line of Bicknell Avenue
to the center of the intersection of Bicknell Avenue and Fourth Street; thence southeasterly along
the center line of Fourth Street to the center of the intersection of Fourth Street and Pacific
Street; thence northeasterly along the center line of Pacific Street to the center of the intersection
of Pacific Street and Sixth Street; thence northwesterly along the center line of Sixth Street to the
center of the intersection of Sixth Street and Bay Street; thence northeasterly along the center line
Page 9 of 11
of Bay Street to the center of the intersection of Bay Street and Sixth Street; thence northwesterly
along the center line of Sixth Street to the center of the intersection of Sixth Street and Pico
Boulevard; thence northeasterly along the center line of Pico Boulevard to the center of the
intersection of Pico Boulevard and Eleventh Street; thence southeasterly along the center line of
Eleventh Street to the center of the intersection of Eleventh Street and Marine Street; thence
southwesterly along the center line of Marine Street to the center of the intersection of Marine
Street and Lincoln Boulevard; thence southeasterly along the center line of Lincoln Boulevard to
the southeastern boundary line of the City of Santa Monica; thence southwesterly along said
southeastern boundary line to the southwestern boundary line of the City of Santa Monica; thence
northwesterly along said southwestern boundary to the point of beginning;
(6) One Council Member District which shall be called the PICO NEIGHBORHOOD DISTRICT
is hereby established comprising all that portion of the City of Santa Monica, commencing on the
point at the center of the intersection of Lincoln Boulevard and Pico Boulevard; thence
northwesterly along the center line of Lincoln Boulevard to the center of the intersection of
Lincoln Boulevard and Colorado Avenue; thence northeasterly along the center line of Colorado
Avenue to the center of the intersection of Colorado Avenue and Eleventh Street; thence
northwesterly along the center line of Eleventh Street to the center of the intersection of Eleventh
Street and Broadway; thence northeasterly along the center line of Broadway to the center of the
intersection of Broadway and Sixteenth Street; thence northwesterly along the center line of
Sixteenth Street to the center of the intersection of Sixteenth Street and Santa Monica Boulevard;
thence northeasterly along the center line of Santa Monica Boulevard to the center of the
intersection of Santa Monica Boulevard and Twentieth Street; thence southeasterly along the
center line of Twentieth Street to the center of the intersection of Twentieth Street and Colorado
Avenue; thence northeasterly along the center line of Colorado Avenue to the northeastern
boundary line of the City of Santa Monica; thence southeasterly along said northeastern
boundary line to the intersection of said boundary line with the center line of Pico Boulevard;
thence southwesterly along the center line of Pico Boulevard to the point of beginning;
(7) One Council Member District which shall be called the SUNSET PARK DISTRICT is hereby
established comprising all that portion of the City of Santa Monica, commencing on the point at
the center of the intersection of Pico Boulevard and Eleventh Street; thence northeasterly along
the center line of Pico Boulevard to the northeastern boundary line of the City of Santa Monica;
thence southeasterly along said northeastern boundary line to the southeastern boundary line of
the City of Santa Monica; thence southwesterly along said southeastern boundary line to the
intersection of said boundary line and the center line of Lincoln Boulevard; thence northwesterly
along the center line of Lincoln Boulevard to the center of the intersection of Lincoln Boulevard
and Marine Street; thence northeasterly along the center line of Marine Street to the center of the
intersection of Marine Street and Eleventh Street; thence northwesterly along the center line of
Eleventh Street to the point of beginning.
(b) The City Clerk shall convene the District Elections Task Force for the purpose of
reapportionment of council districts following the decennial federal census every decade. The
District Elections Task Force shall consist of nine members. The City Council shall appoint two
Santa Monica residents as members of the Task Force. The City Clerk shall appoint one Santa
Monica resident from each of the seven districts. The City Clerk and City Attorney shall serve on
the Task Force as non-voting, ex-officio members.
Page 10 of 11
(c) The District Elections Task Force shall recommend to the City Council for its final adoption
the boundaries of any or all of the districts herein established. The boundaries so defined shall be
established in such manner that the districts shall, as nearly as practicable, represent the
geographical areas herein established, constitute natural neighborhood areas of contiguous and
compact territory bounded by natural boundaries or street lines, and provide fair representation
on the City Council. Population variations between districts should be limited to the maximum
percentage allowable under established law. Within the maximum percentage allowable under
established law, care should be taken to prevent dividing or diluting the voting power of
minorities and/or to keep recognized neighborhoods intact; provided, however, that the
redistricting provided for herein shall conform to the rule of one person, one vote, and shall reflect
communities of interest within the city. The District Elections Task Force shall hold at least three
public hearings to seek public input. The District Elections Task Force shall report its conclusions
to the City Council within ninety days of its appointment. If the City Council fails to adopt the
new proposed boundaries as recommended by the District Elections Task Force, the new proposed
boundaries shall be submitted to a vote of the people at a special election to be held not less than
88 days nor more than 103 days later.
(d) If the initial district boundaries established by the Voters Election Reform Initiative True
Accountability System are found to deviate more than the maximum percentage allowable under
established law following publication of the decennial federal census published in 2001, and the
districts are established at a special election in 2001, there will not be sufficient time for the
District Elections Task Force to recommend, and the City Council, and/or the voters to approve a
redistricting plan before the period for a candidate to file a declaration of intent to become a
candidate in March 2002. Therefore, the first district elections may be held under the district
boundaries set forth above and the first reapportionment of the proposed council district
boundaries following the 2001 census shall occur prior to the 2004 election.
SECTION V
If any portion of this initiative is declared invalid by a Court, the remaining portions are
to be considered valid, in full force and effect, and to that extent the remaining portions are deemed to
be severable.
All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at
the time these Charter Amendments and ordinances take effect and not in conflict or inconsistent
herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed
or superseded by proper authority.
Except as otherwise provided, the provisions of this measure shall become effective
immediately and applied prospectively.
Page 11 of 11
EXHIBIT 2
BALLOT TITLE AND SUMMARY
PREPARED BY THE CITY ATTORNEY
AN INITIATIVE AMENDING THE SANTA MONICA CITY CHARTER
TO ESTABLISH PROCEDURES FOR CONVERTING APARTMENT
BUILDINGS, TRAILER PARKS AND OTHER RENTAL HOUSING TO
TENANT OWNERSHIP WHILE MAINTAINING EXISTING
TENANCIES OF NONPURCHASING TENANTS
This measure would amend the City Charter adding authorization for converting rental
housing to condominiums, stock cooperatives and other forms of common ownership and offering
tenants the opportunity to purchase. The procedures would apply to apartment buildings, trailer
parks, and other residential rentals, including some single family homes.
An owner, tenant group in the process of purchasing the property, or tenant group which
had already purchased could apply to convert. The application would include, among other
things: sales price for each unit; plans for parking and common area usage; repairs and alterations
to be completed before any sales; and, allocation of costs and expenses. Tenants occupying 2/3 of
the units or spaces would need to co-sign an owner's application. A tenant group's application
would require signatures of tenants occupying half the units or spaces.
Nonpurchasing tenants would receive an irrevocable lease addendum which would
continue their tenancies, maintain local rent controls, and protect against evictions for owner
occupancy but allow other "good cause" evictions under the Rent Control Law. A senior tenant
would have specified rights to name a successor tenant.
The measure would establish application processing time limits and procedures. Resale
controls and conversion fees in excess of specified amounts would be prohibited. Converted
buildings would be governed by building standards in effect at the time of their approval.
Specific provisions would govern and legalize converted "bootleg" units. Any residential
building, converted or not, which was destroyed by natural disaster could be rebuilt in its old form
irrespective of current building standards.
F: \atty\muni\memos\mjm \convert.sum.wpd
WORD COUNT: 298
CHARTER AMENDMENT BY THE PEOPLE
OF THE CITY OF SANT A J.\tIONICA
SANTA MONICA RESIDENTS PROTECTION AND
HOlVIEOWNERSHIP CHARTER AMENDMENT
SECTION 1. Statement of Purpose. The People of the
City of Santa Monica find and declare:
(a) This Charter Amendment shall be known as the
Santa Monica Residents Protection and Homeownership
Charter Amendment, "SMRPH."
(b) SMRPH protects existing homes and apartment
buildings, many of which have traditional Santa Monica
architectural styles, by allowing them to be rebuilt after
damage or destruction from fire, earthquake, or other natural
causes, in the same style, density, and size. This ability to
rebuild to the pre-existing size protects the number of
residential units in the City. It also provides for the preserva-
tion of Santa Monica's character by allowing the rebuilding
of properties to original styles of architecture.
(c) Santa Monica is located in a small, finite area of
approximately eight square miles. The City is fuly built-out
and has been so for decades. It has one of the highest
percentages of land zoned for multi-family residential use
among Wests ide/South Bay jurisdictions, with a population
density of approximately 11,200 persons per square mile,
one of the highest densities among coastal conununities in
Los Angeles County.
(d) Santa Monica's vacant land parcels are finite and
scarce. As of November 1995, there were only 62 vacant
residential parcels out of approximately 6,132 multi-family
zoned parcels in the entire City. Since then, even this
limited number of vacant parcels has shrunk. This means
that planning flexibility is limited. Virtually any new
residential construction replaces an existing structure or
improvement, often resulting in the loss of occupied apart-
ment units. The vast majority of City residents live in muli-
family dwellings. Most live in the City's approximately
37,000 apartment units.
(e) Many of the City's older structures, which have
been a hallmark of the City's aesthetic make up for decades,
such as courtyard-style aIXlrtment complexes, are being torn
down and replaced with large, luxury residential structures.
(t) From 1994 to 1999, there has been a significant
increase in multi-unit construction which is changing the
traditional Santa Monica styles of architecture. The vast
majority of the new units are affordable only to upper incorre
individuals.
(g) The building and rebuilding in the residential
neighborhoods results in traffic protlems and interferes with
pedestrian enjoyment of City streets.
(h) Santa Monica has inadequate opportunities for
citizens to own their own homes. In the United States,
Page 1 of 9
approximately two-thirds of Americans own their own
homes. According to the 1990 Census, less than one-third
(28 %) of Santa Monicans own their homes. More than
two-thirds (72 %) of the City's households rent. Most of
new housing construction is affordable only to upper
income individuals.
(i) There is an inadequate supply of housing afford-
able to middle income families and individual home
buyers. As a result, many middle income families and
individuals who desire the stability and financial security
of home ownership are forced to relocate out of the City.
(j) According to the Santa Monica Housing Element
Update Technical Appendix, the state's Costa-Hawkins IaN
will produce increased household turnover in Santa
Monica market rate rental units. The study states that
because the Costa-Hawkins Act's vacancy decontrol
provision are similar to the vacancy decontrol provisions
that have always been part of the City of Los Angeles Rent
Stabilization Ordinance, it is likely that long-term unit
turnover rates in Santa Monica will climb to resemble the
higher turnover rates found in West Los Angeles.
(k) In general, those who own concbminiums occupy-'
their homes longer than those who rent market rate
apartments. By increasing the percentage of homeowners,
the City will decrease household turnover and produce
more community stability.
(I) Given the tax advantages of home ownership, the
monthly cost of home ownership is comparable to the cost
of market rate rental apartments similar in size and
amenities, based upon net after tax cost of housing. After
five or ten years, the net after tax cost of ownership
decreases as market rents increase. In addition, home
ownership benefits citizens with equity build-up on their
homes whereas renting does not provide equity build-up.
(m) Converted apartments are generally smaller with
fewer amenities than the new, large luxury condominiums
being constructed. As such, these more utilitarian con-
verted units will be usually be more affordable to middle
income citizens than the newly constructed luxury condo-
mlTIlUms.
(n) It is ecologically beneficial and environmentally
responsible to preserve and maintain existing functional
housing rather than to demolish such housing and replace
it with fewer, larger, luxury units.
(0) Tenants in apartment buildings are currently
unable to lawfully purchase the units they live in through
any type of tenant co-operative or condominium project.
(p) SMRPH provides tenants the opportunity to purcha~
their units at lower prices than new construction luxury
condominium units. SMRPH does this without evicting
existing tenants, demolishing existing buildings, losing
community stability caused by the sudden eviction of many
tenants under the Ellis Act, or inconveniencing neighbor-
hoods through Ellis Act tenant evictions, demolitions, and
new construction.
(q) SMRPH is designed to provide tenants the opportu-
nity to enjoy the security and financial benefits of home
ownership and, at the same time, to protect the residency of
those tenants who do not purchase their units.
(r) SMRPH is an etlective way to preserve and stabilize
our fmite existing housing stock and existing neighborhoods
by allowing the conversion of apartment units to home
ownership units.
(s) SMRPH is an effective way to prevent the eviction
of existing tenants and the demolition of existing rental
housing units.
(t) SMRPH is an effective method to empower tenants
to increase their control over their buildings through home
ownership.
(u) SMRPH is an effective method to preserve and
stabilize the existing character of Santa Monica's multi-
family residential neighborhoods.
(v) SMRPH conversion buildings protect SMRPH
Tenants who choose not to purchase their units with an
Irrevocable 99 Year Lease recorded in the chain of the title
to the property.
(w) SMRPH balances the City's housing policy, by
allowing tenants who wish to purchase their homes the
opportunity to do so while, at the same time, giving tenants
who do not purchase, increased protections over and above
that afforded by the Santa Monica Rent Control Law.
(x) SMRPH provides incentives to encourage tenants to
form Tenant Purchasing Groups in order to purchase and
convert their buildings to homeownership units.
(y) SMRPH protects Homeownership and prescrves the
character of existing housing by allowing reconstruction of
existing single-family and multi-family ownenhip housing in
the event of a fire, earthquake, or Act of Nature.
(z) Families living in single-family homes, condomini-
ums and cooperatives, as well as owners and tenants of
apartment buildings, are often faced with financial hardship
when their homes or buildings are destroyed by fire, earth-
quakes, or Acts of Nature due to the density, set back, and
other restrictions which prohibit the rebuilding of the same
number and size of units and the high cost required to
comply planning and zoning and other regulations enacted
after the family's home or building was constructed.
SMRPH allows single-family homes, condominiums, and
other multi-family ownership housing and apartment build-
ings to be reconstructed as the structure(s) existed before the
destruction.
(aa) SMRPH also protects home ownership by preventirg
involuntary resale controls which may make it difficult or
impossible to obtain mortgages and may discourage individu
als from owning their homes.
(bb) This Charter is necessary for the public health,
Page 2 of 9
safety, and welfare of the City of Santa Monica.
SECTION 2. Definitions. For purposes of this Char-
ter, the following words and phrases shall have the folbw-
ing meaning:
(a) Applicant. The Owner, and/or a Tenant Pur-
chasing Group, of a Qualifying Property, who
files a SMRPH Application.
(b) Application. An application for a SMRPH
conversion filed pursuant to this Charter.
(c) Cosigning Tenant. Any natural person consent-
ing to a SMRPH conversion by his or her signa-
ture on a SMRPH Application who has been a
tenant at a Qualifying Property living in one or
more units for a combined period of at least three
(3) consecutive months iIlUl1ediately prior to the
date he or she signs a SMRPH Application. An
Owner of a Qualifying Property may be part of a
Tenant Purchasing Group and/or, if the Owner is
an individual, a Co signing Tenant.
(d) Disabled Person. Any person who is receiving
benefits from a Federal, State, or local govern-
ment, or from any entity on account of a perma-
nent disability that prevents the person from
engaging in regular, full-time employment.
(e) Ellis Act. Government Code Section 7060. et
seq.
(t) Owner. A person or entity holding title to a
Qualifying Property. Owner includes a Tenant
Purchasing Group if it has acquired title to a
property.
(g) Price Index. The Consumer Price Index for All
Urban Consumers (CPI-U) in Los Ange1es-
Anaheim-Riverside, California, as published by
the United States Bureau of Labor Statistics or, in
the event such index is discontinued, any compa-
rable index approved by the City Council.
(h) Qualifying Property. Any property used for
residential rental purposes in the City, except for
single-family residential property zoned R-1, as of
August 1, 1999, for which no eviction has oc-
curred pursuant to Government Code Sections
7060 et seq. (the Ellis Act) within a five (5) year
period prior to the filing of a SMRPH Applica-
tion, and for which no eviction has occurred
pursuant to Section 1806(h) of the Santa Monica
City Charter (relating to eviction for purposes of
owner occupancy or occupancy by a relative of
the Owner) within a two (2) year period prior to
the filing of a SMRPH Application. A mobile
home park is eligible to be a Qualifying Prcperty.
(i) Senior Citizen. Any person sixty-two (62) years
of age or older.
U) SMRPH. "Santa Monica Residents Protection
and Homeownership" Charter Amendment.
(k) SMRPH Conversion. Any conversion from
residential rental property to any fonn of COIlUl1ill
interest ownership developrrent recognized under
California law, as implemented pursuant to this
Charter Amendment.
(I) SMRPH Tenant. Any tenant, including both
Co signing and non-Cosigning Tenants, legally
residing at a Qualifying Property on the date. a
SMRPH Application for said property is accepted
for filing pursuant to Section 4(a).
(m) Tenant. "Tenant" as defined in Section l801(i) of
Article 18 of the Santa Monica City Charter, shall
mean any tenant, subtenant, lessee, sublessee or arw
other person entitled to the me or occupancy of any
rental unit at the time a SMRPH application is filed.
(n) Tenant Ownership. Ownership by Tenants or
former Tenants of units in the form of either condo-
miniums, community apartments, stock coopera-
tives, cooperative associations, limited equity stock
cooperatives or any other means authorized under
State Law.
(0) Tenant Purchasing Group. A California General
Partnership, a California Limited Partnership, a
California Limited Liability Partnership ("LLP"), a
California Limited Liability Company ("LLC"), a
California Corporation, or any other entity capable
of holding title to a Qualifying Property, in which a:
least 51 % of the voting power of the entity is held
by Tenants residing in the Qualifying Property.
(p) Tenant Purchasing Group Purchase Agreement.
A written agreement for the purchase of a Qualify-
ing Property, between the Owner and a Tenant
Purchasing Group. The terms of the Tenant Pur-
chasing Group Purchase Agreement shall: (1)
contain the agreed upon terms of the purchase; (2)
give the Tenant Purchasing Group the right to file
and process a SMRPH Application and any related
tentative tract map or parcel map application; and
(3) be contingent upon approval of the SMRPH
Application and any related map application by the
Planning Commission, or City Council on appeal.
A SMRPH Application and any related map applica-
tion shall be solely owned by the Tenan Purchasing
Group.
(q) Tenant Sale Prices. The maximum sale price to
each unit for each SMRPH Tenant as set forth in a
SMRPH Application.
SECTION 3. Application for SMRPH. An Application
for a SMRPH Conversion shall be deemed complete by the
City if it meets the following requirements:
(a) Identifies the Qualifying Property which is the
subject of the Application, its Owner and, if applicable, the
Tenant Purchasing Group, and contains a declaration signed
by the Applicant that such property is a Qualifyng Property.
A Tenant Purchasing Group shall have the right to file and
process a SMRPH Application in its own name, prior to
taking title to the property, under a Tenant Purchasing Group
Purchase Agreement.
(b) Identifies whether the Applicant is the existing
Owner, a Tenant Purchasing Group operating under a
Purchase Agreement, or a Tenant Purchasing Group which
obtained ownership prior to filing of the Application.
Page 3 of 9
(c) If the Application is being processed as a Tenant
Purchasing Group Application, the Application shaIl
include a declaration under penaiy of perjury executed by
the authorized representative(s) of the Group, stating the
names and interests of the purchasing parties and stating
that the Qualifying Property is currently in escrow subject
to a condition that the SMRPH Application is approved by
the Planning Commission, or the City Council on appeal.
This provision shall not be required if title to the Qualify-
ing Property is vested in the Tenant Purchasing Group at
the time of Application.
(d) Sets forth the foIlowing sales information:
( 1) The maximum sales price for each unit to
each SMRPH Tenant (the "Tenant Sale Prices").
(2) If seller financing wiII be offered, the mini-
mum down payment for each unit, the minimum amourt
to be financed, the maximum rate of interest and the
minimum term of the loan to be offered by the seller.
(e) Sets forth the following common area, mainte-
nance and budget information:
(1) A Parking Plan for the assignment and use of
all parking spaces. A Parking Plan shall specify the
minimum number of parking spaces to be provided on
sale with each unit. Specific parking space assignments
are not required in the SMRPH Application.
(2) A plan for the use of all common area facili-
ties.
(3) Occupancy and management plans and
policies.
(4) A list of repairs and alterations, if any, which
will be performed in each unit and in common areas
before the close of the first escrow for an individual unit
sale.
(5) A plan for allocating costs and expenses for
the Qualifying Property following completion of the
conversion.
(6) A prepared monthly operating budget for the
Qualifying Property in the form and substance of a
budget prepared for the California Department of Real
Estate ("DRE") pursuant to the Public Report ("White
Slip") requirements for subdivided residential proper-
ties. The budget shall estimate the monthly maintenance
assessment for each unit as required by the Department
of Real Estate. The budget submitted to the Departmmt
of Real Estate later in the subdivision process, if re-
quired, shall be reasonably consistent with the initial
budget filed with the SMRPH Application.
(7) The procedures for the allocation and use of
cornman area reserve funds.
(f) Contains a declaration with the following informa-
tion:
(1) That there has been a building inspection
report covering the accessible portions of the entire
Qualifying Property, including but not limited to, the
roof, walls, noors, heating, air conditioning, plumbing,
electrical systems and recreational facilities, prepared by
a building inspection service, a licensed contractor, or
comparable agency within the preceding six (6) months.
The inspection shaB include an inspection for lead paint
and for asbestos.
(2) 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.
(3) That, for each Tenant occupied unit, a written
statement setting forth any substantial defects or malfunc-
tions 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.
(g) Sets forth the form or type of property ownership
(condominiums, cooperative, etc.) for which the Application
is submitted.
(h) Identifies the Cosigning Tenants and the units
occupied by such Tenants and lists all other Tenants known
to the Applicant in the Qualifying Property and the units th<y
occupy.
(i) Contains a notice that substantially states the
following:
"This is an Application for a Santa Monica Renters Protec-
tion and Homeownership ("SMRPH ") Conversion. Before
you sign any documents, you should unde15tand the SMRPH
program. A copy of the law and information about the
SMRPH program is available without cost from the City of
Santa Monica. This information may be obtained by contaCt
ing City Hall."
The City may provide for inclusion on the notice a phone
number and address of City staff where more information
may be obtained. The notice shall be printed on a separae
sheet in at least 18 point type.
U) That the Application:
(1) If filed by an Owner, is signed by Cosigning
Tenants occupying not less than two-thirds (2/3) of all the
residential units in the Qualifying Property on the date the
Application is submitted for filing. If there is more than
one Tenant in a unit, the signature of only one Tenant shall
be required for that unit or mobile home. In the case of a
mobile home park, that the Application is signed by
Cosigning Tenants occupying not less than two-thirds (2/3)
of all the occupied spaces (pads) in the mobile home park,
and that the total number of occupied pads constitutes no
less than two-thirds of the park's total pads.
(2) If filed by a Tenant Purchasing Group, is signed
by Cosigning Tenants occupying not less than one-half (112)
of all the occupied residential units in the Qualifying
Property on the date the Application is submitted for
filing. If there is more than one Tenant in a unit, the
signarure of only one Tenant shall be required Dr that unit
or mobile home. In the case of a mobile home park, that
the Application is signed by Cosigning Tenants occupying
not less than one-half (112) of all the occupied spaces (pad~
in the park, and that the total number of occupied pads
constitutes no less than one-half of the park's total pads.
(k) 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) - (i) inclusive of this Section.
(I) Contains a declaration that all lawful notices of the
Application required to date have been given.
(m) Contains a declaration that in obtaining the signa-
Page 4 of 9
tures of Cosigning Tenants, the Applicant neither offered
nor agreed to pay money or other consideration to any
SMRPH Tenants in exchange for a release of rights that
the Tenant has to purchase his/her unit in the Qualifying
Property. This section is intended to be an "anti-specula-
tion" provision to prevent Tenants and the Owner from
agreeing to a "guaranteed option" payment in return for
Tenants voting for the project.
(n) Contains a declaration that in obtaining the
signatures of Cosigning Tenants, neither the Applicant nor
the Applicant's agent or representative coerced a Tenant tl
sign by threatening that the Owner, or any successor
thereof, would cease operating the property as residential
rental property pursuant to Government Code Sections
7060 et seq. ("the Ellis Act") if the proposed conversion cf
the Qualifying Property pursuant to this Charter Amend-
ment did not o(X;ur. Notwithstanding this provision, if an
owner has in fact been solicited by a prospective buyer
who indicated that he/she was considering using the Ellis
Act to evict the Tenants, the owner may disclose that fact
to the Tenants.
(0) Contains a copy of a written Irrevocable Lease
Addendum executed by the Owner and the Tenant Pur-
chasing Group, if there is one, in a form suitable for
recordation in the Los Angeles County Recorder's Office.
This Irrevocable Lease Addendum shall be an addition to
the lease terms of each SMRPH Tenant. The Addendum
shall be in substantially the following format, and shall
include only such additional provisions as maybe required
to record the document on title:
II
IRREVOCABLE 99 YEAR LEASE
This IRREVOCABLE 99 YEAR LEASE
affects improved real property located in the City of
Santa Monica, with a street address of
("Property").
owned by ("Owner".) To the
extent that any prior written or oral agreement is
inconsistent with this Irrevocable 99 Year Lease,
then this Irrevocable 99 Year Lease supersedes and
replaces those specific provisions which are incon-
sistent with this Irrevocable 99 Year Lease. The
legal description of this property is
The following persons are "SMRPH Tenants," as
defined in Section 2 of the Santa Monica City Char-
ter Amendment, the Santa Monica Residents Protec-
tion and Homeownership Charter Amendment,
("SMRPH "), and shall have the rights and privileges
set forth for such persons in SMRPH , including, but
not limited to, those rights and privileges specified in
this Irrevocable Lease Addendum:
[The names shall be listed as set forth in the follow-
ing formaL]
"Common Unit "Tenant Names" "Senior" "Disabled"
Designation"
1503 xxxx St. #A xxxx
1503 xxxx St. #8. xxxx
Yes/No Yes/No
Yes/No Yes/No
For valuable consideration, receipt of which is ac-
knowledged by the Owner, in the form of SMRPH
Tenant signatures on the SMRPH Application in
sufficient quantity to qualify the Property for a SMRPH
Conversion, the Owner hereby JRREVOCA.
BL Y grants, conveys, and transfers to all
SMRPH Tenants listed above, this Irrevocable
Lease Addendum. This grant, conveyance, and
transfer is made by Owner, on behalf of Owner, and
Owner's successors-in- interest, including, but not
limited to, any Tenant Purchasing Group which ac-
quires title from the Owner. This Irrevocable Lease
Addendum contains the rental protections and benefits
which the Owner has agreed to grant all SMRPH
Tenants as consideration for the approval of the
SMRPH Application. Owner agrees that all SMRPH
Tenants will be given the protections in the Irrevocable
Lease Addendum whether or not they have signed the
SMRPH application. This Irrevocable Lease Adden-
dum shall be recorded on the title to each and every
unit occupied by a SMRPH Tenant, and shall run with
the land for as long as the SMRPH tenant occupies
his/her unit, or if the SMRPH tenant elects to cancel.
A. No SMRPH Tenant shall be charged more than
the Maximum Allowable Rent plus authorized
surcharges as determined by the Santa Monica
Rent Control Board for the SMRPH Tenant's
unit, from year to year,
B. No SMRPH Tenant shall be given a rent in-
crease under "Costa-Hawkins," Civil Code
Section 1954.50 et seq., or any other law which
seeks to decontrol the rent level of any residen-
tial unit. The Owner voluntarily contractually
waives the right to raise rent under "Costa-
Hawkins" and any other existing law or future
law, despite the fact that the unit is "separately
alienable" through the SMRPH conversion
process or otherwise.
C. No SMRPH Tenant shall be evicted under the
"Ellis Act," Government Code Sections 7060 et
seq. (the Ellis Act).
D. No SMRPH Tenant shall be evicted for "owner-
occupancy" pursuant to Section 1806(h) of the
Santa Monica City Charter (relating to eviction
for purposes of owner occupancy or occupancy
by a relative of the Owner).
E. Should the Rent Control Board cease to set the
Maximum Allowable Rent provisions, then the
maximum rent for each unit occupied by a
SMRPH Tenant shall be the last established
Page 5 of 9
Rent Board controlled rent, adjusted annually
on September 1 st to allow an increase of no
more than the increase in the Price Index. The
cost of making improvements set forth in the
SMRPH application shall NOT be passed on
to the SMRPH Tenants by any means, includ-
ing but not limited to, an application to the
Rent Control Board for a rent increase.
F. Each SMRPH Tenant shall have the non-
assignable right to continue to personally
reside in the his or her unit as long as the
S~RPH Tenant chooses to do so, subject only
to Just cause eviction as defined in Article 18
of the Santa Monica City Charter provided that
the eviction is not for Owner or relative occu-
pancy under Article XVI.II (Rent Control Char-
ter Amendment), Section 1806h, of this Char-
ter, or the removal or demolition of the unit.
G. E~ch SMRPH Tenant shall have the right,
Without liability of any kind, to immediately
terminate this Irrevocable Lease Addendum
upon written notice to the Owner, whether or
not the SMRPH Tenant vacates his or her unit.
H. Each Senior Citizen SMRPH Tenant 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 SMRPH Tenant 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 SMRPH
Tenant must be an occupant of the unit, at
least fifty-five (55) years of age on the date of
the filing of the SMRPH Application, and must
have resided in the unit for a continuous
period of three months prior to the filing of the
SMRPH Application. The name of the person
so designated shall be listed above as a
SMRPH Tenant. If such person is also a
Senior Citizen or disabled, it shall be indicated
above in the list of SMRPH Tenants.
I. The Owner hereby relinquishes any claim
Owner may have against any tenant listed in
the SMRPH application based upon an unau-
thorized sublet or assignment which may have
existed up to the date the SMRPH application
is filed with the City. The tenants listed in the
SMRPH application each agree that he/she-
/they shall not assign or sublet his/her/their
interest(s) in the unit and that any other as-
signment or sublet will terminate this Irrevoca-
ble 99 Year Lease.
J. The rights and privileges of SMRPH Tenants,
SMRPH Senior Citizens and SMRPH Disabled
Persons listed in this Charter Amendment may
only be terminated consistent with SMRPH
provisions. Such rights shall be deemed termi-
nated and removed from record title when a
declaration in the form set forth below is exe-
cuted under penalty of perjury by the record
Owner of the property and is recorded in the Los
Angeles County Recorder's Office which states:
(a) it pertains to this Irrevocable Lease Adden-
dum; (b) the name(s) of the SMRPH Tenants
being removed from record title; (c) the unit
number(s) being occupied by the SMRPH Ten-
ants; (d) the date the SMRPH Tenants' interest
was (were) terminated; (e) the reason the inter-
est was (were) terminated, and; (f) a declaration
that the Owner has been advised that the unlaw-
ful removal of a SMRPH Tenant's interest may
result in criminal penalties under this Charter
Amendment as well as other criminal penalties
and civil liability, including attorney's fees and
costs. An acceptable form for the declaration of
removal of a SMRPH Tenant's interests is set
forth below:
, When Recorded Return to:
Declaration of Removal of
SMRPH Tenant's Interests
from
Irrevocable 99 Year Lease
The undersigned is the record Owner of a unit in
that condominium project in the City of Santa Monica,
County of Los Angeles, State of California, with a
street address and unit number of
more particularly described as follows:
(legal description)
Owner wishes to remove a Tenant interest as
set forth in the Irrevocable Lease Addendum re-
corded in the Los Angeles County Recorders Office
on as Instrument No.
The following Tenant Interest is hereby removed
from said Irrevocable Lease Addendum:
"Tenant Name"
(e.g., Mildred Smith)
"Unit No."
(e.g. 104)
"Date of Termination" "Reason for Termination"
(e.g. July 7, 2001) (e.g. death, moved to
Arizona, etc.)
The undersigned acknowledges being advised
that the unlawful removal of a SMRPH Tenant's
interest from the Irrevocable Lease Addendum may
result in criminal penalties under this Charter Amend-
ment as well as other criminal penalties and civil
liability.
I declare under penalty of perjury under the laws
Page 6 of 9
of the State of California that the foregoing is true
and correct.
Date
Owner
(INSTRUMENT MUST BE ACKNOWLEDGED
BEFORE A NOTARY PUBLIC) .
K.
The 99 Year Lease shall automatically be in
full force and effect upon the recordation with
the County of Los Angeles of the project's
Condominium Plan for the final subdivision
tract map or parcel map. Recordation of such
Condominium Plan is a condition precedent to
the applicability and effectiveness of the 99
Year Lease. This Irrevocable Lease Adden-
dum shall be deemed to be an Addendum to
each and every SMRPH Tenant's lease,
whether the SMRPH Tenant's lease is oral or
in writing, whether the SMRPH Tenant's lease
is for a specified term or a month-to-month
lease; and whether or not the SMRPH Tenant
consented to the conversion.
L. All the SMRPH Tenants have relied upon the
representation made to them that this Irrevo-
cable Lease Addendum shall be a valid bind-
ing agreement insuring the benefits set forth in
this Irrevocable Lease Addendum. The Owner
for himself/herself and for all subsequent
owners, represents and contracts with the
SMRPH Tenants that but for the Owner's
representations of the binding force of this 99 .
Year Lease, the SMRPH Application would not
have received the necessary SMRPH Tenant
signatures. The Owner represents and
agrees for himself and for all subsequent
owners that some SMRPH Tenants may not
have signed the SMRPH Application if they
thought that the non-signing SMRPH Tenants
would not be protected to the same extent as
the SMRPH Tenants who did sign the SMRPH
Application.
M. This Irrevocable 99 Year Lease shall become
an addendum to any existing written or oral
lease, and shall be read in conjunction with
any existing lease or rental agreement. In the
event of any conflict between the terms of this
Irrevocable 99 Year Lease wherein the exist-
ing lease or rental agreement provide lesser
protections to the tenants, the terms of this
Irrevocable 99 Year Lease shall prevail."
***End of Irrevocable 99 Year Lease***
SECTION 4. Processing of SMRPH Applica-
tion. The following procedures shall be followed in the
processing of a SMRPH Application:
(a). A SMRPH Application shall be accepted for filing
by the City when it meets the requirements of Section 3 of
this Charter Amendment. Within 30 days of the filing of a
SMRPH Application, the City shall either accept the Appli-
cation for filing or advise the Applicant in writing of all
reasons that it is not accepted for tiling. The Applicant shall
then have the opportunity to respond and/or supplement or
amend the Application.
(b). A SMRPH Application shall be filed by the Owner
or Tenant Purchasing Group prior to or simultaneously with
the filing of any application for a tentative subdivision map
or tentative parcel map under the Subdivision Map Act of tre
State of California.
(c). Within tive (5) business days of the date a SMRPH
Application is accepted for filing, the City shaH send notice
to every unit in the Qualifying Property stating that a
SMRPH Application has been filed and that comments or
objections thereto may be filed with the City.
(d). Upon the filing of the SMRPH Application and of
any required tentative subdivision map or tentative parcel
map or, if no such map is required, at the end of forty (40)
days from the filing of the SMRPH Application, the SMRPH
Application and any required tentative map shall be
scheduled for hearing and processed in accordance with the
procedures for the processing of subdivision maps. The Ciy
and the Applicant may agree to extend the time periods
required for processing for a period not to exceed sixty (60)
days.
(e). Any SMRPH Application shall be deemed approved
subject to the conditions set forth in this Charter Amend-
ment if it is not approved or denied within the time periods
required by this Section.
SECTION 5. Approval or Denial of SMRPH Appli-
cation. A SMRPH Application shall be approved or denied
within the time periods set forth in Section 4 of this Charter
Amendment and in accordance with the fdlowing standards:
(a) A SMRPH Application, along with any required
tentative subdivision map or tentative parcel map, shall be
denied if the SMRPH Application fails to meet any of the
requirements of this Charter Amendment, was the result of
fraud, misrepresentation, threat or similar coercion, or fails
to meet any mandatory requirement of the Subdivision Map
Act of the State of California.
(b) A SMRPH Application, along with any required
tentative subdivision map or tentative parcel map, shaH be
approved if it meets the requirements of this Charter Amend-
ment and shall be subject to the following conditions and no
others:
(1) After approval by the Planning Corrurission, or
City Council on appeal, the Owrer shall file with the City
a written consent to each condition imposed in connection
with the approval of the SMRPH Application. The written
consent shall be filed and prior to the approval of any
required tinal subdivision map or tiDal parcel map, or if m
such map is required, within six (6) months from the date
of approval of the SMRPH Application. Such written
consent shall constitute an agreement with the City of
Santa Monica and each SMRPH Tenant binding upon the
Page 7 0 f 9
Owner and any successors in interest, to comply with
each and every condition imposed in connection with
approval of a SMRPH Application. The City and any
SMRPH Tenant shall have the right to specific enforce-
ment of this written agreement with the City in addition
to any other remedies provided by law.
(2) Recordation of the Irrevocable 99 Year Lease.
(3) The Owner shall offer and continue to offer
the exclusive right to purchase each rental unit in the
Qualifying Property to the SMRPH Tenants thereof
upon the terms set forth in the Application, without
change, for a period of not less than one (1) year from
the date of Final Subdivision Report, "White Slip,"
approval by the California Department of Reil Estate or
the date the first unit in the Qualifying Property is
offered for sale, if no approval by the California Depart-
ment of Real Estate is required. Upon the written
acceptance of the offer by the SMRPH Tenant at any
time within the one year period, escrow shall open
within thirty (30) days from the written acceptance by
the SMRPH Tenant. Unless otherwise agreed by the
parties, the period of the escrow shaH not exceed sixty
(60) days. It is the intent of this section that the one
year option is IN ADDITION TO the year or more
typically required to complete a SMRPH Application
and receive the final Department of Real Estate's
"White Slip" approval needed to sell the units. The
one-year option begins AFTER the White Slip.
(4) No SMRPH Tenant shall at any time be
evicted for the purpose of occupancy by the Owner,
occupancy by any relative of the Owner, or for removal
or demolition of the unit. In the event the Owner
transfers title to a unit occupied by a SMRPH Tenant,.
the transfer shall be expressly made subject to aH rights
and benefits of the SMRPH Tenant, including but not
limited to, the right continue to occupy the unit and the
right to purchase the unit as provided for in SMRPH .
(5) Each SMRPH Tenant shaH have the full
protections of Article XVIII of this Charter, the Santa
Monica Rent Control Charter Amendment, before,
during and after any SMRPH Conversion.
(6) The Qualifying Property 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 Qualifying Property was approved by
the City for construction. No new or additional requre-
ments 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,
on the SMRPH Conversion. Notwithstanding the above,
the City may impose reasonable health or safety require-
ments consistent with this Charter Amendment upon
such Qualifying Property provided that such require-
ments uniformly apply to all similar multi-unit residen-
tial structures in the City of Santa Monica, regardless of
the form of ownership of the property.
(7) Notwithstanding the paragraph immediately
above, a bootleg unit (a unit which was creaed after the
original building permit was issued and was created
without proper planning approvals and/orbuilding permits
but which is registered as a rental unit with the Santa
Monica Rent Control Board) shall be handled in one of
two ways -- (a) A bootleg unit may become a separable,
converted unit, subject to inspection, modification if
required by the City, and approval by the City for buildirg
and safety compliance for a habitable unit; or (b) A
bootleg unit may be combined with any other unit with
which it is contiguous, subject to inspection, modification
if required by the City, and apIToval of the combined unit
by the City for building and safety compliance for a
habitable unit. The Applicant may designate which of the
above alternatives is to be utilized. In all cases, no
SMRPH Tenant in a bootleg unit may be eviced upon any
grounds except for a just cause eviction as defined in
Article 18 of the Santa Monica City Charter, provided tint
the eviction is not for the purpose of Owner or Owner's
relative occupancy, or for the demolition or removal of the
unit. No additional parking may be required by the City
pursuant to application of this paragraph.
(8) Prior to the approval of any required fmal
subdivision map or final parcel map for a SMRPH Appli-
cation, or if no such map is required, prior to the filing of
the written consent required by Subdivision (b)(1) of this
Section, each SMRPH Tenant shall be informed in writing,
on a form approved by the City, of his or her rights under
this Charter Amendment.
(9) No Owner shall close the first escrow for sale
of a unit without completing the repairs and alterations
agreed to pursuant to Section 3(e)(4) of this Charter
Amendment. The time to complete the repairs and alter-
ations 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 com-
pleted. 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.
(10) Prior to the filing and approval of a SMRPH
Application by the Planning Commission, or City Council
on appeal, no SMRPH Tenant shall offer or agree to re-
lease all rights that he or she has to purchase a rental unit
in the Qualifying Property in return for receiving money
or other financial consideration from the Owner.
(11) The requirements of this Section shall be set
forth in the Declaration of Covenants, Conditions, and ~-
strictions, or equivalent document, and shall specifically
name the SMRPH Tenants in each unit entitled to the
benefits and protections of this Charter Amendment and
shall specifically reference the Irrevocable 99 Year Lease
and Consent to Conditions. The City shall review and
approve for compliance with this Charter Amendment the
Covenants, Conditions, and Restrictions, or equivalent
documents, prior to the approval of any required final
subdivision map or tinal parcel map, or if no such map or
Page 8 of 9
tinal parcel map, or if no such ffilp is required, prior to
the tiling of the written con3::nt required by Subdivision
(b)(l) of this Section.
(12) 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 tile for record
any instrument which imposes a restriction upon the
sale, leasing or occupancy of his or her unit m the basis
of sex, race, color, religion, ancestry, national origin,
age, pregnancy, marital status, family composition,
disability, Acquired Immune Deficiency Syndrome
(A.I.D.S.), sexual orientation, or the potential or actual
occupancy of minor children.
SECTION 6. Prohibition Against Resale Controls.
The City shall not impose either directly or indirectly any
restrictions on the price, terms or conditions of Sile of any
single-family home, SMRPH, or non-SMRPH condomin-
ium unit, or cooperative. Nothing in this Section shall
restrict the City, any other governmental agency, or any
other person or entity from making m.y voluntary loans or
providing, guaranteeing, or assisting other forms of
voluntary financial assistance to purchasers of SMRPH
units with any terms agreeable to all principal parties.
SECTION 7. Prohibition Against Other Tax and Fee
Requirements. No tax or fee other than those expressly
set forth in this Charter Amendment may be imposed,
either directly or indirectly, by the City on a SMRPH
Conversion except the imposition of actual processing,
engineering, and map costs not to exceed five hundred
dollars ($500.00) per unit for the first five units plus fifty_
dollars ($50.00) for the sixth and each additional unit.
These fees may be adjusted annually, on or after the
anniversary date of this Charter Amendment, by the Price
Index. For Applications filed by Tenant Purchasing
Groups, the above costs shall not exceed two hundnd fifty
dollars ($250.00) per unit for the first five units plus
twenty-five dollars ($25.00) for the sixth unit and each
additional unit. These fees may be adjusted annually by
the Price Index.
SECTION 8. Applicability of Other Laws. No
Applicant of a Qualifying Property shall be required to
obtain permission under 1803(t) of the Santa Monica City
Charter, nor shall 1803(t) be applicable in any way to the
processing of a SMRPH Conversion Application. Any
other previously enacted provisions of the City Chalter, or
any provisions of any ordinm.ce of the City, or any provi-
sions of the Municipal Code, or any appendix thereto
inconsistent with the provisions of this Charter Amend-
ment, to the extent of such inconsistency and no further,
shall not apply to the extent necessary to effect the provi-
sions of this Charter Amendment. Any general or specfic
plan of the City inconsistent with this Olarter Amendment
shall be amended to the extent necessary to be consistent
with this Charter Amendment, and until such amendment,
shall be deemed consistent with this Charter Amendment.
SECTION 9. Ownership Ratio. If the City Council
finds. based upon competent factual data obtained from
municipal, State, Federal or other independent sources of
data that the ratio of nOll-owner occupied residential units to
owner occupied residential units within the City of Santa
Monica has fallen below the average of such ratio for the
State of California, the City Council may, at its discretion,
place a referendum on the ballot to determine if the vc1ers of
the City of Santa Monica wish to continue the SMRPH.
SECTION 10. Information and Compliance. The City
Council shall cause to be prepared and supervise a program
to disseminate information about this Clnrter Amendment to
Tenants, apartment owners arrl other parties informing each
Tenant, apartment owner and other parties of their rights ani
obligations under this Charter Amendment. The City Cound
shall issue an annual report to include data on compliance
with this Charter Amendment. Each report shall incltrle data
on the number of Applications and the status of eachproject.
SECTION 11. Criminal Penalties. Any material violation
of this Charter Amendment shall constitute a misdemeanor.
SECTION 12. Civil Remedies. The City Attorney shall
supervise and promote educational and legal information con-
cerning civil remedies and civil causes of action which may
be available to persons who feel that their rights have been
violated. The City Attorney shall refer persons seeking a
civil remedy to any referral agency or referral panel operat-
ing in accordance with the requirements of the Los Angeles
County Bar, the State Bar of California or similar authority.
Any aggrieved party may bring an action in a court of
competent jurisdiction in order to obtain relief for any
violation of this Charter Amendment.
SECTION 13. Partial Invalidity.
(a). Except as provided in Subdivision (b) of this
Section, if any provision of this Charter Amendment or.
application thereto to any person or cirrumstance is declared
or found invalid by a court of competent jurisdiction, this
invalidity shall not affect other provisions or applications of
this Charter Amendment which can be given effect without
the invalid provision or application, and to this end the
provisions of this Charter Amendment are declared to be
severable. This Charter Amendment shall be liberally
construed to achieve the purposes of this Charter Amendmert
and to preserve its validity.
(b). In the event that this Charter Amendment is declared
invalid in its entirety, any Applicant who has filed a SMRPH
Application meeting the requirements of this Charter Amend-
ment at the time of the filing of the Application shall have a
right to proceed with the conversion in accordance with the
terms of this Charter Amendment as though each and every
provision hereof was severable.
SECTION 14. Right to Rebuild Single Family &
Multiple Residential Buildings.
(a) If a structure or structures containing any existing
single family residence, residential condominiums or COOptr-
Page 9 of 9
atives, apartments or other multi-family residencES is (are)
substantially or totally destroyed by fire, or by earthquake
or other Acts of Nature, the owner(s) shall have the right
to rebuild the structure(s) in the same architectural style
within the previous building envelope and with up to the
same number of units as had legally existed immediately
prior to destruction, regardless of any limitations set by
any City laws regulating development, including without
limitation, planning and zoning regulations, which exist
at, or subsequent to, the time of said destruction, except
for applicable building and safety codes in effect as of the
date the building is to be rebuilt. The City shall take no
action to interfere with this right to rebuild.
(b). If an Owner wishes to substantially modify the
architectural style of the structure(s) from that which
existed prior to the destruction, but in other respects utiliE
the benefits of paragraph (a) above, said modified style
shall be allowed subject to approval by the City's Architec-
tural Review Board pursuant to Chapter 9.32 "Architec-
tural Review" of the Santa Monica Municipal Code.
(c) If this Section 14 is held to be invalid, it shall be
deemed severable from the other terms of this Charter
Amendment.
SECTION 15. Amendment to the City Charter.
(a) The Santa Monica City Charter, Section 2018,
which reads as follows: "2018. Prohibition of non-TORCA.
conversion. (a) No multifamily residential conversion,
whether by condominium, stock cooperative, community
apartment, cooperative apartment, or other means, shall te
approved unless it is approved in accordance with this
Article. (b) The General Plan of the City shall at times
contain a provision that the Tenant Ownership Rights
Charter Amendment shall be the only procedure by which
a multifamily conversion may be approved" is hereby
repealed.
(b) A new Section 2018 for the Santa Monica City
Charter, is hereby adopted: "2018. Prohibition of non-
SMRPH conversion. No multifamily residential conver-
sion, whether by condominium, stock cooperative, com-
munity apartment, cooperative apartment, cr other means,
shall be approved unless it is approved in accordance with
the Santa Monica Residents Protection and
Homeownership Charter Amendment. "
SECTION 16. Amendment to this Charter Amend-
ment. This SMRPH Charter Amendment was enacted by
the People of the City of Santa Monica. It shall not be
modified or amended by the City Council.
SMRPH V2S 329.2000 BMH EdiLwpd
EXHIBIT 3
.~
f:\atty\muni\laws\mjm\livingwage2-1. wpd
City Council Meeting 7-10-01
Santa Monica, California
ORDINANCE NUMBER 2015 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING CHAPTER 4.65 TO THE SANTA
MONICA MUNICIPAL CODE CREATING MINIMUM WAGE REQUIREMENTS
APPLICABLE TO BUSINESSES IN THE COASTAL ZONE AND
EXTENDED DOWNTOWN CORE WITH GROSS RECEIPTS OVER
$5,000,000 AND TO THE CITY AND ITS SERVICE CONTRACTORS
WHEREAS, the public welfare requires wages and benefits sufficient to ensure a
decent and healthy life for workers and their families; and
WHEREAS, many Santa Monica employers pay wages so low as to imperil the
public welfare; and
WHEREAS, many Santa Monica workers earn wages insufficient to support
themselves and their families; and
WHEREAS. many Santa Monica workers receive no health care benefits and
therefore cannot protect their own health and the health of their families; and
WHEREAS, many Santa Monica workers cannot participate in civic life or pursue
educational, cultural and recreational opportunities because they must work such long
hours to meet their households' most basic needs; and
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WHEREAS, workers.who do not receive adequate wages must rely upon federal,
state and local public assistance and social services funded by taxpayers and may never
escape poverty; and
WHEREAS, workers who do not receive health care benefits may be unable to
maintain their own health or the health of their children, may be forced to utilize publicly-
funded health and emergency care services, and may unintentionally imperil the health of
others; and
WHEREAS, workers who do not have sufficient income and time off work to
participate in the civic affairs and to pursue educational, cultural and recreational
opportunities may become alienated from their communities, their states and their nation;
and
WHEREAS, minimum wage laws promote the general welfare by ensuring that
workers can support and care for their families through their own efforts and without
governmental intervention; and
WHEREAS, creating decent job opportunities through minimum wage and benefit
laws is a better way to protect individuals and families than public assistance because the
availability of decent job opportunities fosters independence, self-reliance and family unity;
and
WHEREAS, laws mandating or encouraging the provision of health care benefits to
workers promote the general welfare by minimizing health risks to the general population
and reducing the cost of emergency and other health care to the taxpayers; and
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WHEREAS, minimum wage and benefit laws also assure workers the means and
leisure to participate in civic life and pursue educational and cultural opportunities and
thereby strengthen the fabric of our society; and
WHEREAS, minimum wage and benefit laws also benefit employers and the
economy as a whole by improving employee performance, reducing employee turnover,
lowering absenteeism, and thereby improving productivity and the quality of the services
provided by employees; and
WHEREAS, in recognition of these realities, the federal government mandates the
payment of a minimum wage; and
WHEREAS, in recognition of the fact that the cost of living and other circumstances
vary substantially through the United States, federal law explicitly authorizes states and
municipalities to set more stringent wage standards than those established federally; and
WHEREAS, the State of California has exercised its power to set a minimum wage
higher than the minimum set by federal law in part because the cost of living in California
is higher than in most states; and
WHEREAS, the California Legislature has recognized that localities may need to set
more stringent wage standards than those set by state law and has therefore specifically
authorized the adoption of such standards in Labor Code Section 1205; and
WHEREAS, in Opinion Number 89-502, the California Attorney General has
recognized the power of local governments to set wage requirements higher than those
set by state law; and
WHEREAS, the federal minimum wage has declined steadily in real dollars for two
decades; and
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WHEREAS, the California minimum wage has also declined in real dollars; and
WHEREAS, the California minimum wage is inadequate to meet the needs of
workers in the Los Angeles region where the cost of living is much higher than in most
parts of the state; and
WHEREAS, housing costs in the region are particularly high relative to most parts
of California, and low-income workers musttherefore spend a disproportionate percentage
of their income sheltering themselves and their families; and
WHEREAS, disproportionately high housing costs force workers to locate far from
their jobs and spend long hours traveling to and from work; and
WHEREAS, the taxpayers of the Los Angeles region must pay the cost of meeting
workers' needs through the provision of social services because the state minimum wage
is not adequate to meet those needs; and
WHEREAS, a minimum wage standard which condemns a full-time worker's family
to abject poverty is simply inadequate to achieve the long-recognized and salutary goals
of the minimum wage laws; and
WHEREAS, the inadequacy of the state minimum wage is particularly detrimental
to the public welfare in Santa Monica where the cost of living is very high and where
thousands of workers labor long hours at very low-paying jobs; and
WHEREAS, the highest concentration of low-income workers in Santa Monica is in
the coastal zone and the extended downtown core; and
WHEREAS, this same area is home to some of the City's largest and most profitable
busiflesses, including luxury hotels, gourmet restaurants and large, national retailers which
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. can afford to pay their employees decent wages and can pass the cost of paying increased
wages to consumers; and
WHEREAS, most workers in this area are heads of-household who bear primary
responsibility for supporting their families; and
WH EREAS, eighty per cent ofthese workers have incomes inadequate to meet their
families' basic needs; and
WHEREAS, the vast majority of these workers have no private health insurance;
and
WHEREAS, tourists staying in the hotels in this area may pay more than $400.00
per night for their rooms, but the workers changing their bedding and serving their food
cannot support their own families; anq
WHEREAS, businesses in this area have reaped the benefits otvarious City policies
and investments; and
WHEREAS, the City has actively improved this area through capital investments,
operating expenditures, the promotion oftourism and the adoption of policies which restrict
growth and limit competition among certain businesses; and
WHEREAS, these investments, expenditures and policies have fostered huge profits
for some businesses in the area which employ large numbers of low-wage workers; and
WHEREAS, the City Council wishes to adopt a local requirement to effectuate the
purposes of the federal and state minimum wage law, to address the needs of workers,
and to promote the public welfare; and
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WHEREAS, increasing the wages of low-wage workers will help achieve Santa
Monica's sustainable city goals by helping low-wage workers live closer to work, reducing
commute distances, and facilitating use of pu blic transit; and
WHEREAS, the City Council also wishes to protect local businesses and their
employees by ensuring that no business suffers economic hardship so severe as to render
it nonviable as a result of this ordinance; and
WHEREAS, the Council wishes to take all possible action to address the problems
caused by inadequate wages and benefits. and Council therefore intends that the
severance doctrine shall be liberally applied to effectuate the policy served by this law,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS:
SECTION 1. Chapter 4.65 is hereby added to the Santa Monica Municipal Code to
read as follows:
CHAPTER 4.65
LIVING WAGE
Section 4.65.010. Definitions.
Coastal Zone. That area bounded by the Pacific Ocean on the west,
by the City border on the south, on the north by the San Vicente Boulevard
centerline from the eastern border of the City to its intersection with the
norther City border and along the City border west to the Pacific Ocean, and
on the east by the Lincoln Boulevard centerline south of Pico Boulevard and
Fourth Street north of Pico Boulevard. Properties adjacent to the east side
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of Fourth Street between Pico Boulevard and Colorado Boulevard are
included within the area defined by this subsection; otherwise the Fourth
Street boundary shall be at the centerline.
Extended Downtown Core. That area bounded by Ocean Avenue on
the west, Wilshire Boulevard on the north, Fifth Street on the east, and
Colorado Boulevard on the south. Properties on both sides of the boundary
streets shall be included within this definition.
Employee. Any person who does not actually work as a manager,
supervisor, or confidential employee, and who is not required to possess an
occupational license.
Gross Receipts Threshold. Gross receipts over $5 million per year
which amount shall be adjusted annually each July 1 st, beginning in 2003 by
an amount corresponding to the previous year's change in the Consumer
Price Index for Urban Wage Earners and Clerical Workers in Los Angeles
County.
Health Benefit. A payment towards the provision of health care
benefits for Employees and their dependents in the amount of$1.75 per hour
in the first year that this Chapter is in effect, $2.50 per hour in the second
year that this Chapter is in effect, and thereafter adjusted annually each July
151, beginning in 2004, by an amount corresponding to the previous year's
change in the Consumer Price Index for Urban Wage Earners and Clerical
Workers in Los Angeles County.
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Minimum Wage. A wage payment at an initial hourly rate of $10.50
per hour with Health Benefits or $12.25 per hour without Health Benefits.
These rates shall be adjusted annually each July 151, beginning in 2003, by
an amount corresponding to the previous year's change in the Consumer
Price Index for Urban Wage Earners and Clerical Workers in Los Angeles
County.
Section 4.65.020. Minimum Wage Payment Requirements.
The Minimum Wage required by this Chapter shall be paid by:
(a) the City of Santa Monica to all workers employed by the City;
(b) any contractor or subcontractor working for the City of Santa
Monica on a service contract to workers performing the work on that
contract;
(c) any private person or private corporation doing business at a
location in the Coastal Zone or Extended Downtown Core with gross receipts
over the Gross Receipts Threshold at that location for the previous two years
to Employees working at that location. The gross receipts of a contractor,
subcontractor, lessee or sublessee received at that location for performing
part of the business activities of the private person or corporation shall be
included in determining whether the Gross Receipts Threshold is exceeded;
and
(d) any contractor, subcontractor, lessee or sublessee performing part
of the business activities of a private person or private corporation described
8
;.,J'.
in subsection (c) to Employees doing that work during at least half of their
work time.
Section 4.65.030. Exemption for Severe Economic Hardship.
An employer who contends that compliance with this Chapter would
constitute a severe economic hardship may apply to the City Manager for a
waiver applicable to all or part of the employer's work force. Criteria for
determining hardship shall include whether: (a) compliance with the
requirements of this Chapter would render the employer's business
nonviable; (b) the employer's business depends for its viability upon young
people and other first-time workers who are employed on a seasonal basis;
and (c) whether granting a waiver would otherwise advance the policies
underlying this Chapter. The City Manager shall promulgate an
Administrative Instruction establishing specific criteria applicable to and
procedures for processing hardship applications. Said Administrative
Instruction shall set forth information to be included on the hardship
application, procedures for filing and processing applications, and
procedures for administrative review by a City hearing examiner whose final
decision shall be subject to judicial review.
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Section 4.65.040.
Circumvention.
It shall be unlawful for any employer or employer's agent or
representative to take any action against an individual in retaliation for the
exercise of rights under this Chapter. This Section shall also apply to any
individual working in orforthe City who mistakenly, but in good faith, alleges
noncompliance with this Chapter.
Taking adverse action against an individual within sixty (60) days of
the individual's assertion of rights shall raise a rebuttable presumption of
having done so in retaliation for the assertion of rights.
Additionally, it shall be unlawful for any employer to intentionally
circumvent the requirements of this Chapter by contracting portions of its
operation or leasing portions of its property.
Prohibitions Against Retaliation and
Section 4.65.050. Remedies.
(a) Criminal Penalty. Any person who is convicted of violating this
Chapter shall be guilty of a misdemeanor and upon conviction shall be
punished by a fine of not greater than five hundred dollars or by
imprisonment in the county jail for not more than six months, or by both such
fine and imprisonment.
(b) Civil Action. Any person, including the City, may enforce the
provisions of this Chapter by means of a civil action for injunctive and
monetary relief. The burden of proof in such cases shall be preponderance
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of the evidence. Any person who violates or aids or incites another person -
to violate the provisions of this Chapter is liable for each and every such
offense for the actual damages suffered by any aggrieved party or for
statutory damages in the sum of five hundred dollars, whichever is greater,
and shall be liable for such attorney's fees and costs as may be determined
by the court in addition thereto. The court may also award punitive damages
to any plaintiff, including the City, in a proper case as defined by Civil Code
Section 3294. The burden of proof for purposes of punitive damages shall
be clear and convincing evidence.
(c) Administrative Complaint. Any Employee claiming violation of this
Chapter may file an administrative complaint with the City Manager or his or
her designee who shall investigate the complaint and render a determination
on it. If the City Manager or Manager's designee concludes that a violation
has occurred, he or she may issue orders to the employer appropriate to
effectuate the complaining Employees' rights, including, but not limited to,
back pay and reinstatement. If the employer refuses to comply with such
orders, the City Manager may revoke the employer's business license. The
City Manager's determination shall be appealable to a hearing officer who
shall conduct an evidentiary hearing and issue a written decision thereon.
The hearing officer's decision shall be reviewable in court.
(d) Nonexclusive Remedies and Penalties. The remedies provided in
this Section are not exclusive, and nothing in this Chapter shall preclude any
person from seeking any other remedies, penalties or relief provided by law.
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Section 4.65.060. Supercession by Collective Bargaining
Agreement.
All of the provisions of this Chapter, or any part thereof, may be
waived in a bona fide collective bargaining agreement, but only if the waiver
is explicitly set forth in such agreeme nt in clear and unambiguous terms.
Unilateral implementation of terms and conditions of employment by either
party to a collective bargaining relationship shall not constitute, or be
permitted as, a waiver of all or any part of the provisions of this Chapter.
Section 4.65.070. Effective Date and Implementation.
Employers' obligations under Section 4.65.020 shall be effective as
of July 1, 2002.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordina.nce 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 hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
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.~
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. Except as provided in Section 4.65.070, this
Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
~N
E
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Adopted and approved this 24th day of July, 2001.
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--:-r=-~
Michael Feinstein, MayOr
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2015 (CCS) had it's introduction on June 26, 2001 and was
adopted at the Santa Monica City Council meeting held on July 24, 2001, by the
following vote:
Ayes:
Council members: O'Connor, McKeown, Genser, Mayor Pro Tem Bloom,
Mayor Feinstein
Noes:
Council members: Holbrook, Katz
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~ . ftx, ..- r.^~
Maria M. Stewart, City CleEk
CALIFORNIA ELECTIONS CODE
SECTIONS 9280 THROUGH 9287
9266.
DlV) N 9. MEASURES SUBMITTED TO THE VC 1S
9266. Examination of petition.
After the petition has been filed, the elections official shall examine the
petition in the same manner as are county petitions in accordance with Sec-
tions 9114 and 9115, except that, for the purposes of this section, references in
those sections to the board of supervisors shall be treated as references to the
legislative body of the city or city and county. The expenses of signature veri-
fication shall be provided by the governing body receiving the petition from
the elections official.
(Added by Stats. 1994, c. 920, S2.)
9267. Petitions not accepted.
Petitions that do not substantially conform to the form requirements of
this article shall not be accepted for filing by the elections official.
(Added by Stats. 1994, c. 920, S2.)
9268. Conduct of election and publication requirements.
The conduct of election and publication requirements shall substantially
conform with Part 1 (commencing with Section 10000) and Part 2 (commenc-
ing with Section 10100) of Division 10.
(Added by Stats. 1994, c. 920, S2.)
9269. Resolution upon completion of canvass.
Upon the completion of the canvass of votes, the governing body of a city
or city and county shall pass a resolution reciting the fact of the election and
such other matters as are enumerated in Section 10264. The elections official
of the city or city and county shall then cause the adopted measures to be sub-
mitted to the Secretary of State pursuant to Sections 34459 and 34460 of the
Government Code.
(Added by Stats. 1994, c. 920, S2.)
Article 4. Arguments Concerning City Measures
9280. City attorney to prepare impartial analysis.
Whenever any city measure qualifies for a place on the ballot, the govern-
ing body may direct the city elections official to transmit a copy of the mea-
sure to the city attorney, unless the organization or salaries of the office of the
city attorney are affected. The city attorney shall prepare an impartial analy-
sis of the measure showing the effect of the measure on the existing law and
the operation of the measure. If the measure affects the organization or sala-
ries of the office of the city attorney, the governing board may direct the city
elections official to prepare the impartial analysis. The analysis shall be
printed preceding the arguments for and against the measure. The analysis
shall not exceed 500 words in length.
In the event the entire text of the measure is not printed on the ballot, nor
in the voter information portion of the sample ballot, there shall be printed
immediately below the impartial analysis, in no less than 10-point bold type,
a legend substantially as follows:
"The above statement is an impartial analysis of Ordinance or Measure
_' If you desire a copy of the ordinance or measure, please call the elec-
tions official's office at (insert telephone number) and a copy will be mailed at
no cost to you."
(Added by Stats. 1994, c. 920, S2.)
2002 260
Chapte
\IIunicipal Elections
9285.
9281. If not otherwise provided, voters may submit arguments.
If no other method is provided by general law, or, in the case of a char-
tered city, by the charter or by city ordinance, arguments for and against any
city measure may be submitted to the qualified voters of the city pursuant to
this article. If a method is otherwise provided by general law, or, in the case of
a chartered city, by charter or city ordinance, for submitting arguments as to a
particular kind of city measure, that method shall control.
(Added by Stats. 1994, c. 920, S2.)
9282. Written arguments.
The legislative body, or any member or members of the legislative body
authorized by that body, or any individual voter who is eligible to vote on the
measure, or bona fide association of citizens, or any combination of voters
and associations, may file a written argument for or against any city measure.
No argument shall exceed 300 words in length. The city elections official shall
cause an argument for and an argument against the measure to be printed
along with the following statement on the front cover, or if none, on the head-
ing of the first page, of the printed arguments:
"Arguments in support or opposition of the proposed laws are the opin-
ions of the authors."
The city elections official shall enclose a printed copy of both arguments
with each sample ballot; provided, that only those arguments filed pursuant
to this section shall be printed and enclosed with the sample ballot. The
printed arguments are" official matter" within the meaning of Section 13303.
Printed arguments submitted to voters in accordance with this section
shall be titled either" Argument In Favor Of Measure _" or "Argument
Against Measure -," accordingly, the blank spaces being filled in only
with the letter or number, if any, designating the measure. At the discretion
of the elections official, the word "Proposition" may be substituted for the
word "Measure" in such titles. Words used in the title shall not be counted
when determining the length of any argument.
(Added by Stats. 1994, c. 920, S2.)
9283. Argument not accepted without names.
A ballot argument shall not be accepted under this article unless accom-
panied by the printed name and signature or printed names and signatures of
the person or persons submitting it, or, if submitted on behalf of an organiza-
tion, the name of the organization and the printed name and signature of at
least one of its principal officers.
No more than five signatures shall appear with any argument submitted
under this article. In case any argument is signed by more than five persons,
the signatures of the first five shall be printed.
(Amended by Stats. 2000, c. 1081, Sl1.)
9285. Rebuttal arguments.
(a) If any person submits an argument against a city measure, and an
argument has been filed in favor of the city measure, the elections official
shall immediately send copies of that argument to the persons filing the argu-
ment in favor of the city measure. The persons filing the argument in favor of
the city measure may prepare and submit a rebuttal argument not exceeding
250 words. The elections official shall send copies of the argument in favor of
the measure to the persons filing the argument against the city measure, who
may prepare and submit a rebuttal to the argument in favor of the city mea-
sure not exceeding 250 words. The rebuttal arguments shall be filed with the
261
2002
9285.
DIV
IN 9. MEASURES SUBMITTED TO THE V( =lS
elections official not more than 10 days after the final date for filing direct
arguments. Rebuttal arguments shall be printed in the same manner as the
direct arguments. Each rebuttal argument shall immediately follow the
direct argument it seeks to rebut.
(b) Subdivision (a) shall only apply if, not later than the day on which the
legislative body calls an election, the legislative body, adopts its provisions
by majority vote, in which case subdivision (a) shall apply at the next ensuing
municipal election and at each municipal election thereafter, unless later
repealed by the legislative body in accordance with the procedures of this
subdivision.
(Added by Stats. 1994, c. 920, &2.)
9286. Final date for arguments.
Based on the time reasonably necessary to prepare and print the argu-
ments and sample ballots and to permit the 10-calendar-day public examina-
tion as provided in Article 6 (commencing with Section 9295) for the
particular election, the city elections official shall fix and determine a reason-
able date prior to the election after which no arguments for or against any city
measure may be submitted for printing and distribution to the voters, as pro-
vided in this article. Arguments may be changed or withdrawn by their pro-
ponents until and including the date fixed by the city elections official.
(Added by Stats. 1994, c. 920, &2.)
9287. Elections official to select if more than one argument.
If more than one argument for or more than one argument against any
city measure is submitted to the city elections official within the time pre-
scribed, he or she shall select one of the arguments in favor and one of the
arguments against the measure for printing and distribution to the voters. In
selecting the argument the city elections official shall give preference and pri-
ority, in the order named, to the arguments of the following:
(a) The legislative body, or member or members of the legislative body
authorized by that body.
(b) The individual voter, or bona fide association of citizens, or combina-
tion of voters and associations, who are the bona fide sponsors or proponents
of the measure.
(c) Bona fide associations of citizens.
(d) Individual voters who are eligible to vote on the measure.
(Added by Stats. 1994, c. 920, &2.)
Article 5. Mailings
9290. One copy of official material per household.
Whenever the elections official is required to mail official matter, as pro-
videdinSections 9219, 9220, 9223, 9280, 9281, 9282, and 9285, only one copyof
each piece of official matter shall be mailed to a postal address where two or
more registered voters have the same surname and the same postal address.
This section shall only apply if the legislative body of the city adopts this
section and the election official conducting the election approves of the pro-
cedure.
(Added by Stats. 1994, c. 920,52.)
2002 262
SANTA MONICA MUNICIPAL CODE
SECTION 11.04.125
Santa Monica Municipal Code
or committee's campaign statement on which the loan is
first reported.
(c) A loan made to a candidate or committee by a
commercial lending institution in the regular course of
business on the same terms available to members of the
public shall not be subject to the contribution limitations
of this Chapter.
(d) Extensions of credit, other than loans pursuant to
subsection (c) of this Section, for a period of more than
thirty days are subject to the contribution limitations of
this Chapter. (prior code ~ 11206; added by Drd. No.
1630CCS ~ 1, adopted 6/9192)
11.04.090 Family contributions.
( a) Contnbutions by a husband and wife shall be treated
as separate contnbutions and shall not be aggregated under
this Chapter.
(b) Contributions by minors shall be treated as contri-
butions by their parents or guardian and attnbuted equally
to each parent or guardian. (prior code ~ 11207; added
by Drd. No. 1630CCS ~ 1, adopted 619/92)
11.04.100 Filing of statements.
Each candidate and each committee supporting or
opposing a candidate or candidates or any ballot measure
and each member of the Santa Monica City Council, Santa
Monica Rent Control Board or any other elected office
of the City of Santa Monica, shall file with the City Clerk
each statement required under Chapter 4 of Title 9 of the
Government Code (political Reform Act of 1974). (Prior
code ~ 11208; added by Drd. No. 1630CCS ~ 1, adopted
6/9/92)
11.04.110 Printed literature.
All literature that is printed by or on behalf of any
person, candidate or committee, including, but not limited
to, small cards and billboards, shall be identified with the
name and address of the candidate or committee, or chair-
person and secretary, or at least two officers of the political
group or organization on whose behalf or order the same
is printed. If the literature is printed on behalf of any
person or group of persons who are not also a candidate
or committee, the person or group of persons shall be
identified. Such identification of said persons shall be
printed legibly and shall be appropriate to the size and
type of the literature, but in no event shall such printing
be less than in six point type. Compliance with Government
Code Section 84305 et seq. shall be deemed compliance
with this Section. (Prior code ~ 11209; added by Ord. No.
1630CCS ~ 1, adopted 6/9192)
11.04.120 Candidate's statement of
qualifications.
(a) Each candidate for Santa Monica City Council,
Santa Monica Rent Control Board, or other elected office
of the City of Santa Monica, may prepare a statement of
qualification on an appropriate form provided by the City
Clerk. Such statement may include the name, age and
occupation of the candidate and a brief description of no
more than two hundred words of the candidate's education
11.04.080
and qualifications expressed by the candidate. Such state-
ment shall be filed in the office of the City Clerk when
the candidate's nomination papers are returned for filing.
It may be withdrawn but not changed during the period
for filing nomination papers and until five p.m. of the next
working day after the close of the nomination period.
(b) The City Clerk shall send to each voter, together
with a sample ballot, a voter's pamphlet which contains
the written statements of each candidate's qualifications
that is prepared pursuant to this Section. The statement
of each candidate shall be printed in type of uniform size
and darkness and with uniform spacing. The City Clerk
shall provide for and certify a Spanish translation to those
candidates who wish to have one.
( c) The costs of printing, handling and translating of
any statement submitted pursuant to this section shall be
paid by the City.
(d) The City Oerk shall reject any statement which
contains any obscene, hbelous or defamatory matter, which
violates the constitutional or civil rights of any person, or
which is prohibited by state or federal law from being
circulated through the mail.
(e) Nothing in this Section shall be deemed to make
any such statement or the authors thereof free or exempt
from any civil or criminal action or penalty because of any
false or hbelous statements offered for printing or contained
in the voter's pamphlet. (Prior code ~ 11210; added by
Ord. No. 1630CCS ~ 1, adopted 619192)
11.04.121 Ballot designations.
( a) In determining whether to accept a proposed ballot
designation, the City Oerk shall utilize the Secretary of
State Ballot Designation Regulations set forth in Chapter
7 of the California Administrative Code, as modified from
time to time. To the extent this Chapter conflicts with the
Secretary of State Ballot Designation Regulations, the
provisions of this Chapter shall prevail.
(b) To facilitate review of a candidate's proposed ballot
designation by the City Oerk, each candidate must submit,
at the time offiling his or her proposed ballot designation
on the Declaration of candidacy, a completed ballot desig-
nation worksheet on a form provided by the City Clerk.
In addition to the information provided in the worksheet,
the City Clerk may ask a candidate to provide additional
information. The City Oerk must notify the candidate in
the most expeditious manner of any rejection of a ballot
designation within three working days of the candidate's
submission. If the City Oerk rejects the ballot designation,
the candidate shall have three additional working days
to submit an alternate designation, together with a complet-
ed ballot designation worksheet. (Added by Drd. No.
2007CCS ~ 5, adopted 4/24/01)
11.04.125 Rebuttal arguments.
If any person submits an argument against a city mea-
sure, and an argument has been filed in favor of the city
measure, the City Clerk shall immediately send copies of
that argument to the persons filing the argument in favor
of the city measure. The persons filing the argument in
favor of the city measure may prepare and submit a rebuttal
603
(Santa Monica 8-01)
11.04.125
Santa Monica Municipal Code
to the argument against the measure not exceeding two
hundred fifty words. Such rebuttal shall be signed by any
one of the persons filing the original argument, any combi-
nation of the persons signing the original argument or by
all of the persons filing the original argument The rebuttal
shall not be signed by any person who did not sign the
original argument nor shall it contain more than five signa-
tures.
The City Clerk shall send copies of the argument in
favor of the measure to the persons filing the argument
against the city measure, who may prepare and submit
a rebuttal to the argument in favor of the city measure
not exceeding two hundred fifty words. Such rebuttal shall
be signed by anyone of the persons filing the original
argument, any combination of the persons signing the
original argument or by all of the persons filing the original
argument. The rebuttal shall not be signed by any person
who did not sign the original argument nor shall it contain
more than five signatures.
The rebuttals shall be filed with the Oty Clerk not more
than ten days after the final date for filing original argu-
ments or the date fixed by the City Clerk, whichever date
is later. Rebuttals shall be printed in the same manner
as the original arguments. Each rebuttal shall immediately
follow the original argument it seeks to rebut. (Added by
Ord. No. 2007CCS ~ 6, adopted 4/24/01)
11.04.130 Distribution of newsletter prohibited
during campaign.
No newsletter or similar matter shall be circulated by
mass mailing or similar method by the Santa Monica City
Council, Santa Monica Rent Control Board or their ad-
ministrative officers as follows:
(1) Within eighty-eight days prior to any municipal
election to approve or disapprove any ballot measure;
(2) Within eighty-eight days prior to an election to select
any member of its governing body;
(3) Mer any member of its governing body has filed
a nomination petition pursuant to Section 11.04.010.
This Section shall not apply to the circulation of newslet-
ters or similar matter by mass mailing when an election
is called pursuant to Santa Monica City Charter Section
603 to fill a vacancy on the City Council. (Prior code ~
11211; added by Ord. No. 1630CCS ~ 1, adopted 6/9/92;
amended by Ord. No. 1933CCS ~ 1, adopted 1119199)
11.04.140 Ballot order.
In any election for any City office, the order in which
a candidate's name or ballot measure shall appear on the
ballot shall be randomly determined by the City Clerk.
(Prior code ~ 11212; added by Ord. No. 1630CCS ~ 1,
adopted 6/9/92)
11.04.150 Distribution of information for candi-
dates and committees.
In order to insure that each candidate and proponent
or opponent of a measure has full opportunity to under-
stand and fulfill the requirements of the Political Reform
Act and Municipal Code, the City Clerk shall make avail-
able to each candidate, to each proponent or opponent
(Santa Monica 8-01)
of a measure and to each committee supporting or opposing
a measure the latest revision of the State of California
Information Manual on Campaign Disclosure Provisions
of the Political Reform Act and a schedule outlining
required filing dates for campaign statements. In addition,
candidates are to receive a list outlining basic municipal
candidacy requirements. (Prior code ~ 11215; added by
Ord. No. 1109CCS, adopted 12/12n8; amended by Ord.
No. 2007CCS ~ 7, adopted 4124/01)
11.04.155 Election filing requirements.
(a) Time Deadline. Unless this Chapter provides other-
wise, all documents required to be tiled under this Chapter,
the California Elections Code or the California Political
Reform Act must be received by the City Clerk by the
close of business on the date specified for filing. If the
Oty Clerk's office is closed on that date, all such documents
shall be submitted no later than the close of business on
the business day immediately following the date specified
for filing.
(b) Facsimile Signatures. All documents required to
be signed and filed with the City Clerk pursuant to this
Chapter, the California Elections Code or the California
Political Reform Act, shall contain original signatures.
Facsimile signatures shall not be substituted for original
signatures, except as provided in subsection (c) of this
section.
( c) Absent Voter Ballot Request. A voter may request
an absent voter ballot by original or facsimile signature.
(Added by Ord. No. 2007CCS ~ 8, adopted 4/24/01)
11.04.160 Format for petitions for recall,
initiative, referendum or amendment
of the City Charter.
Any petition for recall, initiative, referendum or
amendment of the Oty Charter must substantially comply
with the applicable format contained in this Section or
alternatively, with the applicable sections of the California
Elections Code governing the same matters. In addition,
the proponent(s) of any such petition must comply with
all other applicable sections of the California Elections
Code including, but not limited to, any requirements
relating to the filing of a notice of intent to circulate
petition, summary and title prepared by the Oty Attorney,
any publication or posting obligations, any time limitation
for securing signatures, and any filing requirements.
( a) Sample Initiative Petition Format. The form for
an initiative petition shall be substantially in the form set
forth in Exhibit A, set out at the end of this Article.
(b) Sample Charter Amendment Petition Format. The
form for a petition to amend the City Charter shall be
substantially in the form set forth in Exhibit B, set out
at the end of this Article.
( c) Sample Referendum Petition Format. The form
for a referendum petition shall be substantially in the fonn
set forth in Exhibit C, set out at the end of this Article.
(d) Sample Recall Petition Fonnat. The following form
for a recall petition shall be substantially in the form set
forth in Exhibit D, set out at the end of this Article. (Prior
604
FORM OF STATEMENT FOR
ARGUMENT IREBUTT AL
2002 Elections Manual
FORM OJ STATEMENT TO BE FILED BY
A~THOR OF ARGUMENT
I
All arguments concerning meaJures filed pursuant to Division 9, Chapter 3 (beginning with
9 9200) of the Elections Code shall be accompanied by the following form statement to be
signed by each proponent, and by each author, if different, of the argument:
The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor of/against) ballot
proposition (name or number) at the (title of election) election for the Ourisdiction) to be held on
2 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief_
Sign Name
Print Name
Date
All Authors must print his/her name and siQn this form
AND
Print his/her name and siqn the ArQument itself
AND
Print his/her name and sian the Rebuttal Arqument itself
Further, pursuant to Election Code ~ 9219, printed arguments submitted to the voters shall be titled either
"Argument In Favor Of Measure _" or "Argument Against Measure _ ".
Likewise, printed rebuttal arguments submitted pursuant to Election Code ~~ 9220 and 9285 shall be titled
either "Rebuttal To Argument In Favor Of Measure _" or "Rebuttal to Argument Against Measure _".
Give this form to Council Members, Proponents, and Opponents of Measures
9 9600, E.C.
(Rev.1 0/01)
Statement of Authors of Arguments
Form 10
Martin & Chapman Co. . 1951 Wright Circle. Anaheim, CA 92806-6028.714/939-9866 Fax 714/939-9870
(11/712001) email: scott@martinchapman.com website: www.martinchapman.com
R - 10
Adopted and approved this 26th day of June, 2002.
Michael Feinstein, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9777 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 26th of June, 2002, by the
following vote:
Ayes: Council members:
O'Connor, Bloom, Genser, Katz, Mayor Pro
Tern McKeown, Mayor Feinstein
Noes: Council members:
Holbrook
Abstain: Council members:
None
Absent: Council members:
None
ATTEST: ~
~Q .~ Lo .~~~
Maria Stewart, City CI~