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R-10284F:tatty\M u n i Law\S h a re\Laws\MJ M\P ro p 98 Reso l uti o n City Council Meeting: April 22, 2008 Santa Monica, California RESOLUTION NUMBER io2s4 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA OPPOSING STATE PROPOSITION 98 AND SUPPORTING PROPOSITION 99 WHEREAS, Propositions 98 and 99 will both appear on the June 2008 California ballot; and WHEREAS, while purporting to limit the governmental power of eminent domain in order to protect property owners .against allegedly inappropriate .use of that power, Proposition 98 would actually divest local government of the authority to protect local health and welfare through a wide range of regulatory programs; and WHEREAS, among those local regulatory programs which would be curtailed or eliminated by Proposition 98 are local rent controls and local tenant protections; and WHEREAS, Proposition 98 would also curtail local power to control land use and would prohibit mitigation requirements that local public agencies require in order to ensure that development projects do not degrade local quality of life by harming the environment; and 1 WHEREAS, in addition to curtailing local government's ability to protect public welfare through environmental mitigations, Proposition 98 would also curtail other types of mitigations which, for example, protect the availability of affordable housing; and WHEREAS, Proposition 98 would also endanger government's ability to protect clean, safe drinking water and preserve coastal resources, ensuring that they remain available for all members of the pubic to enjoy; and WHEREAS, Proposition 99 would eliminate perceived excesses in the use of the power of eminent domain by prohibiting its use to take an owner-occupied home for the purpose of transferring the property to another private owner or developer, but it would leave in tact the vital local police powers, which are necessary to preserve public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE. CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Monica opposes Proposition 98 and supports Proposition 99. SECTION 2. 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: 2 Adopted and approved this 29th day I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10284 (CCS) was duly adopted at a meeting of the Santa Monica. City Council held on the 29th day of April, 2008, by the following vote: Ayes: Council members: Genser, McKeown, O'Connor Mayor Pro Tem Bloom, Mayor Katz Noes: Council members: None Abstain: Council members: None Absent: Council members: Holbrook, Shriver ATTEST: Maria Stewart, City Jerk