Loading...
SR-8-B (28) 1 t . " "\,~ - r _~ ,...." r , , . 813 APR 1 4 ~98-t CA:SSS:bl Councll Meetlng 4/14/81 Sdnta Monlca, Callfornla STAFF REPO~T TO: Mayor and Clty Councll FROM: Clty Manager and Clty Attorney SUBJECT: Emergency Ordlnance Apporplratlng Reglstratlon Fee Revenue to the Rent Control BQard On Aprll 9, 1981, the Clty Attorney 15sued an oplnlon relatlng to the status of the Rent Control Board and lts relatlon to the Clty government. ThlS oplnlon concluded, among other thlngs, that the Clty Councll could not delegate ltS authorlty over the apprO?rlatlon of funds to the Rent Control Board. In order to contlTIUe the operatlon of the Pent Control Board, lt 15 necessary for the Councll to make that approprlatlon. The records of the Clty reveal that the estlrnated amount of recelpts fro8 annual Rent Control reglstratlon fees 18 51,622,011. The attached ordlnance approprlates thlS amount to the Rent Control Board and Adwlnlstratlon for the purpose of flnanclng necessary and reasonable expenses. It 15 respectfully recommended that the Clty Councl1 adopt the attached ordlnance. Prepared by: Charles Kent NcClaln, Cl ty ~1anager Stephen Shane Stark, Actlng Clty Attorney 8/J APR 1 4 : '1 I.... -+-~ ~ , . . CA:SSS:bl Councll Heetlng 4/14/81 Santa ~onlca, Callfornla ORDINANC:C NO. 1 204 (Clty Council Serles) AN EMERGENCY ORDINANCE OF THE CITY COUXCIL OF THE CITY OF SANTA MONICA APPROPRIATING $1,622,011 FOR THE REASONABLE AND NECESSARY EXPE~SES OF THE RENT CONTROL BOARD AIm ADMINISTRATION THE CITY COUNCIL OF THE CITY OF SANTA HONICA HEREBY ORDAINS: SECTION 1. The sum of $1,622,011, belng the estl~ated recelpts derlved from the annual rent control reglstratlon fees for the flscal year 1980-1981, lS hereby approprlated for the necessary and reasonable expenses of the Rent Control Board and Admlnlstratlon. SECTION 2. ThlS ordlnance lS hereby declared to be an emergency ordinance pursuant to Sectlon 615 and 619(d) of the Clty Charter, dnd shall become effectlve immedlately upon adoptlon. The Mayor shall sign and the Clerk shall attest to the tas~a~e of thlS ordinance, and thereafter It shall be In full force and effect. APPROVED AS TO FORM: ~~~l STEPH N SH.1\NE STARK Actlng Clty Attorney "~"~...c:. . e ADOPTED AND APPROVED THIS OF April J 1981. 14th DAY Yr' ~.fr !;JaU~~ ( I JJrOR ,~ I HEREBY CERTIFY THAT THE FOR~GOIMG ORDINANCE) no. 1204 J HAS JULY Arm REGULARLY aHRODUCED AT ^ ~4EETING OF THE CITY COUfJC I L ON THE. 14th Di\Y OF Apr il ) 1981; THAT THE SAID O~J) I NANCE HAS THEREAFTER DULY ADOPTED AT A t1EETING OF THE CITY COUNCIL DrJ THE 14th DAY OF April 1981 BY THE FOLlOH HJG COUfJCI L VOTE: AYES: (OUNC I U1E~BERS: Yanna tta Golduay, Jennings, Seo tt Rhoden, Reed and Mayor Baflbrick !WES: (OU~JC I U1E:1BER: ~one ABSENT: COurK I L "1Ef1BERS: None ATTEST: ~(TJ~ CITY CLERK f e e D1 STfU BUT I O)j or RESQLUT 101\ ~ Co un ell }.! e e t 1 n g D..l t e '1/1 ,f- !\genda I tem If 5 -6 ORDI\i\:-ICt ii / 2f!)Y! Introduced: -':;:;;7' (i/ '" L.k"-' Adopted: Lf~/ r//f; ~ ~ ~ / ,~ / \\'a SIt amended 7 ~'L--d \'0 TE . A [f 1 YJ1\d t 1 V e . .\eg.ltIVe" Abstain" Absent: a/"/ L.1! C:~ ORIGINAL to be sIgned, sealed dnd filed in U/f:1t.-."L 2 r {11'/ J " Department origJn:ltlog staff report ( ~,~ -41 J) r 5 T R] lWT r 0 \' . , ) \'au! t~ ~. 1'^} ---;7/J- 2/ NIh'SI'APER PURL ICATIO\ (Da te: ) City Attorney Agency mentIoned Hi doctlmen t 01 :" t~t [[ 1 eport (cer!~fl eJ?) __1// ~~~~_/ Subject file (agenJa packet) Counter fiI e Others. Airport PJrklng Auth. Aud 1 to rU11\ Personnel BUlldlng l1ept. Plannlng Lnv 1 ron. Sen.'. ~~,~ \Etr~.~ II PolLce (en- t' 0 r' c e OJ en t :>) Purchclslllg fue HeL.r/Parks CenclJl Selv. TransportatIon LIbrary lre3surer J>.lanage r SI!\lJ TWO COPIES OF ALL ORDJ:.J"AI\CES TO CODED SYSTDfS Attn Peter Mi'l61earJ c PROrISSIO~AL tENT~R ~ lotal ROIl IE 71 BRrELtE, K[W JERSEY 08730 Others. TOTA L COPIT:S b ~,,:.. e '" PROOF OF PUBLICATION (2015 see p ) STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaId, I am over the age of eighteen yei')rs, and not a party to or Interested In the above-en1ltled matter I am the pnnClpal clerk of the printer of the .................................. ..... ............+...... E'lmING OtlTLOOK a newspaper of general circulation, prll1ted 'and puhllshed ... ~.~~~y. .-:~~~.~~. .~~~~.... In th~ City of ....... .~~~~A ~,?N.~~~........ County of Los Angeles, and which newspaper has been adludged a newspaper of general circulation by the Superior Court of the County at Los Angeles, State of California, under the date of.~~'="..~~ 19. ~;, Case Number.. ~~!t3?-:~...,., that the notice, of which the annexed IS a printed copy (set In type not smaller than nonpareil), has been published In each regular and entire rssue of saId newspaper and not In any supplement thereof on the following dates, to-wIt April 28 all In the year J 98 1 I certify (or declare) under penalty of perl ury that the foregOing 15 true and correct Dated at SANTA MONICA California, thiS April 28 1981 .....~~;:L...... Signature Fr.. COllIes of tllil blAflk form m.y bl.,cured Iram CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal AdvertISing Clearing House South Sprmg St , Los Angeles, Calif 90012 Telephone: 625-2141 / -. Plu.e reQue.' GENERAL Prool of P.ullllc.tlon I " _ ./ wtl.n ora'rln, tilt. 'orlll i C;:/(~r~, e I ThiS space Is for the County Clerk's Filing Stamp Proof of Publication of A.I...~...............6...~............................... .................................-....-................... ... ORDINANCE NO 1204 (CIty Council Serjes) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROPRIATING $1,62%,011 FOR THE REASONABLE AND NECESSARY EXPENSES OF THE RENT CONTROL BOARD AND ADMINISTRA nON. THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY ORDAINS SECTION 1 The sum or $1,622.011, bemg the estunated rilCelpts derived from the annual rent control regIStratlOD fees for the fiscal year 198(}.1981, IS hereby appropriated ror the necessary and reasonable expenses of the Rent Control Board and AdministratIon. SECTION 2 ThiS ord1l1ance IS hereby declared to be an emergency ordmance pursuant to Section 615 and 619 (d) of the CJty Charter, and shall become effectIve immediately upon adoption. The Mayor shall Sign and the Clerk shall attest to the passage of thIS ordmMee. and thereafter It shall be m full force and effect Adopted and approved thiS 14th ddY of Apnl, 1981. JOHN J BAMBRICK Mayor I hereby certify that the foregomg ordinance, No 1204, was duly and regularly mtroduced at a meet- ing of the Cuy Councir on the 14th day or April, 1981 t that the said ordmance was thereafter duly adoptea at a meeting of the CIty Councll on the 14th day of ApIjll981 by the followmg Council vote AYES' COUNClLMEMBERS' Vannatta Goldway, Jennmgs, Scott Rhoden, Reed and Mayor Bam~ brick. NOES: COUNCILMEMBERS' None ABSENT: COUNCILMEMBERS None. A TrEST ANN M SHORE City Clerk _.Pub 2.E!'ll~l~!. , ---~ . . e . ;/ I1.:\T1' : ~-21-J>/ ill \1.lT}' JeplIOI1, e"lllld "luIlI<.....J lven!flg Outlook r IW:'-f. Clty CleTk l)93-~1~17J, lx-t. 211), '>JJlLJ r,1l111l<d I l \' 11.1 I J :,f'BJUT J{J 1~11l ST TO PUfH [Sf! t [(;"\L r~UJ1l! PI(.,bC pL.I,J1S!t tile alt.lLhcLl ~. 'Lt, I dn J r c t U 1 n _.3 _ pro 0 r ~ 0 f pub 1 H.-..J t 10 n tot bee J t r l 1..: fl. ':0. U U 1 ~: L - ~ / 2-0~ ~___ _______ _ ____ ~ f-/_________ n______________ Oll Thdnk~ lor your l~"lstanc~, Cl, Jr;;.ff' LIlliS 11.1[(.-,]".111, CIty CLClh':o. SecletulY . - - - -...l. ----- __.....~............I....LAJ..L'- ""-"-t-'cuo:>e;:, UL L~le .Ken"!: LontrOl Board and Adrnlnlstratlon. SECTION 2. ThlS ordlnance 1.5 hereby declared to be an e~ergency ordlnance pursuant to Sectlon 615 and 619(d) of the Clty Charter, and shall beco~e effectlve ln~edlately upon adoptlon. T~e ~ayor shall slgn and the Clerk shall attest to the l'asr,ase 0= thlS ordlnance, and thereafter It shall be In full force and e~fEct. l I , I f I t --'- -~------ - - - ....-- e e , . -" I Status of Rent Control Board ~~, 80-150, 80-190 ., '-- ~. CITY ATTO~~EY OPINION NOS. Within Structure of City Government INTRODUCTION Sectlon 100 of the Santa Monica City Charterl declares the C1ty of Santa Monlca to be "a body politic and corporate." The Santa Monlca Rent Control Board ("Board") was established by 1nitlat1ve charter amendment on April 10, 1979, now cod1f1ed as Article XVIII of the Clty Charter. Article XVIII does not establish the Board as an independent corporate entity, but 57-at.es that it shall be "1n the City of Santa Monica" (Sectlon 1803(a)). The Board is authorized to "finance its reasonable and necessary expenses by charging landlords annual registration fees in amounts deemed reasonable by the Board . . . [and] "to request and rece1ve funding when 1f necessary. from any available source for its reasonable and necessary expenses" (Section 1803(n)). It has the power to and shall "issue and follow such rules and regulatlons . . . as will further the purposes of the Article," (Section 1803(9)), and "employ and pay such staff . as may be necessary to perform its functlons efficiently in order to fulflll the purposes of thlS Artlcle" (Section 1803(p)). On Marc~ 25, 1980, the Clty Council amended the Ioea: ordinance 1nple~entlng Article XVIII to provide, in essence, for 1) Unless otherwise indicated, all references hereafter to lithe Charter" are to the Santa Monlca Clty Charter, and all references to "Sectlons" are to sectlons of the Charter. 1 " - e e ~ the 1ndependent authority of the Board over its financ1al, purchas1ng and personnel affairs (Santa Monica Mun1cipal Code (SMMC) ~~ 4601-4613). The City Manager, Purchasing Agent, and Personnel Board have requested opinions interpreting the relationship of Artlcle XVIII to the sections of the Charter specifying the powers and dutles of several C1ty agencies over budgetary, purchaslng, and personnel functlons. There are three basic questions: 1. w~at author1ty does Artlcle XVIII confer on the Board w1th respect to ltS budgetary, purchasing and personnel affalrs. 2. Does the Charter, construed as a unified whole, spec~flcally confe~ on the Clty COUDCll, the Clty Manager and ~~e Personnel Board powers and dut1es with respect to budgetary, purchasing and personnel matters which cannot be delegated by ordlnance to the Board. 3. To the extent that powers ln the specified areas may be delegated to the Board by ordinance, does the Councll's delegatlon of such powers to the Board constitute a lawful delegatlon. We conclude the Board is not an entity independent of the City; accordingly, it is subJect to those personnel, budgetary ane pcrchasing provislons which, under the Charter, are appllcable to all boards, departments, offices and agencles of the City. The powers given the Board under Artlcle XVIII to nake rules, flnance its necessary activities and hire necessary perso~nel may be har~onized w1th the general procedures specifie~ lD ~he Char~er and approprlate to a Council-Manager forT. of 2 . . e - f . ~ " government. The C1ty Council, as the repository of all powers in the City (Section 605), may delegate to the Board certain additional functlons in the areas of personnel, purchasing and budget, so long as the delegation contains adequate safeguards agalnst the total abdication of the Council's fundamental responsib1lities. However, the Council may not delegate those functions which are specifically assigned by the Charter to other City officers or agencies. We recommend that the Council, before the adoptlon of the 1981-82 budget, consider amendments to SMMC Sect10ns 4601 et ~~. to reflect Charter l1witatlons on the Board's control of its budgetary, personnel and purchasing affairs. E~ergency legislation may be required to assure the continulty of Board functions prior to approval of the new budget and to protect the rights of existing employees. The remainder of this op1nion will discuss in detail the relevant provlsions of the Charter and the ordinance implementing Article XVIII 10 the context of each of the three subject areas involved. The opinion begins with an overview of the Charter and a discussion of the general legal prlnciples governlng constructlon of a city charter. OVERVIEW OF THE CHARTER In 1948, the voters of the city adopted a Charter WhlCh established the City of Santa Monica as a body politlc and corporate (Sectlon 100) wlth power to make and enforce all laws in respect to munlclpal affairs and such other powers as may be exercised by a char~ered city sUbJect only to the limitatlons of 3 . . .e e f I the Californ1a Constltution and paramount state law (Section 400). The Charter establishes a "City-Manager" form of government (Section 500), under which the City Council is vested with all powers of the City except as limited by the_~harter and the State Constitution (Section 60S); the City Manager is designated the chief executive officer and head of the adn~nistrative branch of the City government, responsible to the Council for the proper administration of all affairs of the City (Section 704). The Charter establishes an overall budgetary process under which the City Manager is to prepare and transmit to the Council a proposed budget based on est1mates of revenue and expend~tures received from each of the various departments of the City. (Sections 1502-1503). The Council is then to consider the proposed budget, make appropriate revisions and, fOllowing public hearing, adopt a budget; adopt1on of the budget constitutes an appropriation to the several offices, departments and agencies of the City of the_aMounts included in the budget as proposed expenditures (Sections 1503-1506). The Charter establishes under the control and direction of the City Manager, a centralized purchasing systeM for all City departments and agencies to be implemented under rules proposed by the Manager and adopted by the Council, with specif~ed duties reposed 1n a purc~aslng agent (Section 1507); cowpetltive b~dding is required wlth such exceptlons as the Councll may prescribe (Section 1508). 4 ~ ~ . . e e .' The Charter also establishes a civil service system based on the merlt principle and intended to insure to all persons an equal opportunlty to obtain and hold employment and advance therein from or within any board, department, officer or agency provided for in the Charter. (Sections 110Q-ll01). The Charter specifies positlons within the unclassified service and provides that all other positions not speciflcally enumerated are to be within the c1assif1ed service (Section 1102). positions in the clasSlfled service must be filled by the appointing authority from candidates selected on the basis of competitive examlnations (Sectlon 1108); classlfled employees have the substantive and proced~ral rights guaran~eed by Sectlon 1110. The Councl~ has the power to determine the number of employees in a given department (Section 1305), and to abolish a position or to reduce the number of employees in a given class in the classified service (Sectlon 1109). The Charter recognizes the rights of employees to petition the City Councilor the board, officer or commission havlng ]urisdlction of such matters wlth regard to wages, hours or condltlons of employment (Section 1101); however, the Charter is silent as to the negotiation and execution of emploYMent contracts and the dete~ination of wages, hours and conditions of e~ploynent. ThlS sUbJect is covered by Ordinance No. 801, WhlCh deslgnates the City Manager to negotiate employment contracts subject to Clty Council approval. ArtiCle XVIII does not expressly change or limit the appllcatlcn of any of the above-described provisions of the 5 -1'- _ __ -..~- ----- --~- - - ---- - ->- -,~- , # e e Charter. It provides for the estab11shment of an elected Rent Control Board and assigns to it dut~es including the registration of all controlled rental units, the establishment and adJustment of fair and equitable rent levels for those units, and the issuance of permits for the removal of controlled units (Section 1803). The Board is expressly given the power to 1ssue necessary rules and regulatlons, and to hire and pay necessary staff (Sections IB03(f)(6), l803{g)). The Board is empowered and required to charge landlords annual registration fees in amounts it deems reasonable in order to finance its reasonable and necessary expenses (Section l803(n)). On June 29, 1979, the Council adopted OrClnance ~o. 1127 ~o COdlfy, clarify and implement Article XVIII and "to integrate it into the whole of the City, its government, law and plans." Ordinance No. 1127 provided, inter alia, that the Board 1S an integral part of the City government and the City Manager ane City Staff were to administer and supervise its financial, personnel and purchasing affairs. Ordinance No. 1127 did recognize the Board's final appointing authority over its employees. Moreover, while the Board was required to submlt a budget in the same manner as other City departments, its budget was to be approved as transmitted except the Council reserved power to disapprove itens requiring the expendlture of general funds or involving "a manlfestly unreasonable use of publlC resources or manifestly unreasonable rlsk of loss to the Clty". SUlts against the Board were to be considered suits against the C1ty and defende~ by the City Attorney. 6 e e On April 14, 1980, Ordinance No. 1127 was extenslvely a~ended by Ordinance No. 1153, codified as Sections 4601-4613 of the SMMC. This ordinance, although declaring the Board to be an integral part of the City government (Section 4606), also declares the Board's independent power to determine its own personnel, financial and budgetary po11cies (Sect1on 4609), and authorizes the Board's adwinistrative staff to admin~ster and supervise the Board's financial, personnel and purchasing affairs (Sectlon 4606). Specifically, the Ordinance recognizes the Board's authority to hlre, pay, promote and flre such employees as it deems necessary, including its own legal staff, and to deter~lne WhlCh of these posltlons are unclasslfled purs~a~~ ~o Section 1102 of the Charter (Sections 4607, 4611). The Board is further authorized, following public hearing, to adopt a budget, and the amounts stated therein are thereby appropriated by the Board to the Rent Control Administration (Section ~608). GE~ERAL PRINCIPLES The City of Santa Monica is a charter city under the provlsions of the state constitution. Cal. Canst. Art. 11, Sectlon 5. The City's charter is its local constltutloni it is the supre~e organic law af the City, subJect only to conflictlng prov~sions in the Unlted States and California Constltutlons and to preerp~ive state law. San Francisco Fire Fishters v. C1ty ar.d Count. of San Francisco, 68 Cal.App.3d 896, 898, 137 Cal.Rptr. 607, 608 (1977); Brown v. Clty of Berkeley, 57 Cal.App.3d 223,231, 129 Cal.Rptr. 1,4 (1970). 7 . ' e e Under settled rules of statutory interpretation, " . Sections of the Charter must be construed together, giving effect and meaning so far as possible to all parts thereof, with the purpose of harmonizing-them and effectuating the legislative intention as therein expressed." Hanley v. Murphy, 40 Cal.2d 572, ,255 P.2d 1,3 (1953). Where it is imposs1ble to reconcile conflicting prov1sions, special provisions control more general provisions, Diamond International Corp. v. Boas, 92 Cal.App.3d 1015,1041,155 Cal.Rptr. 616, 626 (1979)7 later enacted provisions control those earlier in time. City of petaluma v. Paciflc Telephone & Telegraph Co., 44 Cal.2d 284, , 282 P.2d 43,46 (l955). Section 605 of the Charter vests all powers of the City in the C1ty Council, sUbJect, however, to the provisions of the Charter and the State Constitution. Although the Council is the repository of all powers of the City not expressly conferred by the Charter, it may not exercise its plenary powers in a manner which implnges on powers or duties vested by the Charter in some other agency of the City gover~~ent. Hubbard v. City of San Diego, 55 Cal.Ap.3d 380, 388, 127 Cal.Rptr. 587, 592 (1976)7 San Francisco Flre F1ghters v. City of San FranC1SCO, supra, at 609, 610. Indeed, Sectlon 1303 of the Charter provides that while "the C1ty Counc11 by ordinance may assign addltional functlons or dutles to offices, departments or agencles establlshed by thlS Charter, [it] may not discontinue or assign to any other offlce, departwent or agency any function or duty assigned by this Charter to a partlcular offlce, department or agency." An 8 ie e ordinance which conflicts with the Charter is invalid. Brown v. City of Berke1ez, supra. ~~ere is a general rule that leg1slative power cannot be delegated. However, the California Courts have limited the scope of this doctr1ne to permit delegation "so long as the truly fundamental issues are resolved by the legislative body of the municipality and the delegation of power is accompanied by safeguards adequate to prevent its abuse." Bock v. Lompoc Clty Council, 109 Cal.App.3d 52, , 167 Ca1.Rptr. 43, 45 (1980), citing Kugler v. Yocurr, 69 Cal.2d 371, 71 Ca1.Rptr. 687 (1968). This principle must be understood in light of the fundamental ob11gatlon of a municipal government to protect the pub11c good and, as trustee for the citizens and taxpayers, to act to prevent the waste of public funds. E. McQuillin, 1 Municipal Corporations ~1.56 at pp. 80-81, 2 Municipal Corporat1ons ~lO.31 at pp. 818-819. The three questions presented are derived from th~s theoretical framework. We must look first to Article XVIII to dete~ine what powers are expressly or impliedly granted to the Board. These must be harmon1zed, if posslble, with the rest of the Charter: in the event of an irreconcilable confllct, Article XVIII, being later and more speclf~c, would prevail. Where Artlcle XVIII 1S silent or amb1guous, it must be determined whether the Board's delegated author1ty under Ordlnance No. 1153 conflicts with provisions of the Charter. If so, the confllcting prov1s10ns of the ord1nance and the purported delsgation are 9 - . . e e invalid. If there is no confl1ct. nor total abdication of the council's fundamental responsibilities. the delegation is valid. RELATION OF BOARD TO THE CITY A board. agency or department of a city may be created by charter or pursuant to a grant of authorIty from the state. It is general rule that a city agency which derives its power from the city charter is not an entity separate from the munIcipality. A munIcipal board or department, such as a board of education or a board of health. may ordinarily be created by the state or by the municipal corporation, and may be a public corporation disconnected with the gover~ent of the municipal corpor- at10n or it may be merely a department of the city. If the department or board is created by the legislature as a state agency it is generally. but not always. consIdered a separate entlty~ but a department of a city, created by its charter, is not an entIty separate from the munICIpality. even thou9h a dlstinct city department. However. corporate agencIes created by a municipality pursuant to an enabling statute are usually considered to be independent public corporatIons. E. McQuillin, 1 Municipal Corporations ~2.30 at 176. See ~.q~ State ex reI. v. Mowser v. UnderWOOd. 61 Ohio App. 103. 22 N.E.2d 424 (1939). Even in cases where a state enabling act exists. a body d1scharging duties priroarily resting upon a municipality and which cannot be made solely responsible for damages resultlng fro~ any act in performance of its duties. cannot be deene~ a corporate entity separate and d1stinct from the City. Brownlee v. Dalton Board of Water etc. COM~1ssion. ___Ga.App. . 1 S.E.2d 599, 600 (1939). 10 'I (e e Municipal departments, commissions and boards possess those powers expressly conferred by charter, general statute, ordinance, or those necessarily implied. In the discharge of these powers, the department, commission, or board acts as the agent of the municipality. Eddy, Inc. v. Clty of Arkadelphia, 303 F.2d 473, 476 (8th C~r. 1962), quoting Rhyne's treatise on Municipal Law (1957 ed.) at Section 6-2 pp. 92-93. The Board, in performing its duties under Article XVIII exercises the munlc1pal police power. Its actions in the control and regulation of land use create a potential liabi11ty for damages from wh~ch the City can not be insulated. See Aglns v. Clty of Tlburon, 24 Cal.3d 366 (1979), aff'd 447 u.s. 255 (1980); Greater Westchester HOMeowners Assn. v. City of Los Angeles, 26 Cal. 3d 86, cert. denied, u.s. , 66 L.Ed.2d 22 (l980). While the Board is empowered to charge fees to finance its necessary and reasonable expenses, damages resulting from acts of the Board determined to constitute a "taking" of property or involving other constitutional violations could not constitutionally be assessed against the landlords by way of fees. Thus, the City could be requlred to use its general revenue funds to conpe~sate persons agg~ieved by improper acts of the Board. Owen v. City of , 63 L.Ed.2d 673 (1980).2 Inde?encence, U.s. 2) A land-use regulation does not constitute a taklng or prlvate property unless the owner has been deprived of substantially all use of the property. Aglns v. City of T~buron, supra. The Un1ted States Supreme Court has reserved Judgrent on the questlon of whether a property owner is automatically entltled to damages fro~ the time the taking occurred until the tlme the offendlng regulation is rescinded, or whether equitable rellef, without damages, will suff~ciently compensate the owner. San Diego Gas & Electric Co. v. City of San D1ego, 49 L.W. 4317, u.s. ll9Bl}. 11 It tit Whether or not the Board could have been established as an independent corporate entity, see-Hubbard v. City of San Diego, supra, 127 Cal.Rptr. at 594, it is clear that it was not so established. Nothing in Article XVIII establishes the Board as a corporate entity, independent or otherwise, or specifically confers upon it the power to enter binding contracts or to sue or to be sued in its own name, or to aSSUMe liability for damages as a result of its action. On the contrary, Article XVIII provides slmply that "the Board shall be in the City of Santa Monica . " (Section 1803(a)). Because the Boara is not an entlty independent of the City, It 15 subJect to all the provlslons of the City Charter, and . ... -'< partlcular, except to the extent of powers expressly granted it by Artlcle XVIII, to all provisions of the Charter applicable to boards, departments, offlces and agencies in the City. BUDGET Section 1803(n) makes the Board responsible for financlng its actlvities: The Board shall finance its reasonable and necessary expenses by charging landlords annual registratlon fees in amounts deemed reasonable by the Board. The first annual registration fee shall be set by the Board within thirty days after ass~~ing office. The Board is also em- powered to request and receive funding when if necessary, from any available source for its reasonable and necessary expenses. Notwith- standing the preceding provisions of this paragraph, the City Councll of the City of Santa Monica shall appropriate suff~cent funds for the reasonable and necessary expenses of the InteriW Board and Board during the SiX month perlod following adoptlon of this Article. 12 -.--~...- - - --- ~- - ----- -- - - - ~-~--- , ' - e However, nothing in Article XVIII expressly or impliedly gives the Board the power to apvropriate money or exempts the Board from the general budgetary process described in Article XV of the Charter. The Board's power to finance is in no way inconsistent with the duty vested by the Charter in the City Council to adopt a general budget for the City and to appropriate the budgeted amounts to the several offices, departments and agencies of the City. The concepts of financing and appropriation are legally and logically distinct. Financing has to do with raising or providing funds, as by the collection of fees, for a particular purpose. Approprlation is a fornal or gove~~ental actlon by which funds are set aside or assigned to a particular use. See Webster's Third International Dictionary (1961 ed.). The fees collected by the Board create a special fund which may only be used to finance the Board's operations~ these funds are not to be commingled with the general fund and may not be drawn on for general City purposes. E. McQuillin, 15 Municipal Corporations S39.45 at 131. However, the Board is not a special district, established pursuant to enabling legislation, but a part of the City. Therefore, the funds generated by the Board frorr. reglstration fees, like all other funds of the City, must be deposited in the City Treasury and can be expended only pursuant to the appropriation process expressly prescribed in the Charter. See Commlssioner of Woburn Cenetery v. Treasurer, Mass. ,64 N.E.2d 627 (1946) (distingulshing between creation of special fund and power to approprlate moneys from the fund). Any other 13 e e procedure would give the Board a financial autonomy inconsistent with its status as an agency of the City established pursuant to - City Charter~ it would result in the de facto creatio~ of an independent corporation without beneflt of the substantive and procedural safeguards which would normally accompany creation of a special district as an agency of the state. See generally 63 Cal.Jur.3d ~~847,863 (irrigat1on districts). Under the well established principle that a Charter must be construed as a unified whole and harmon1zed whenever possible, the Board's power to finance its operatlons must, if possible, be harmonized with the Cityts express power to appropriate and its plena~y powe~ a~d duty to retain control of the financial affa1rs of the mun~cipality. Nothing in the language of Section 1803{n} can be construed--either expressly or by necessary implicat1on-- to overr1de the fundamental power vested in the City Council with respect to the Clty's budgetary affairs.3 Tne City Council cannot delegate absolutely its budgetary respons1bilties. As the repository of all powers of the City, ~ the Council bears the ultlmate responsibllity to the citizens of Santa Monica to avoid the waste of public funds. The burdens of this responsibillty are further increased by the limitatlons imposed on cities to raise taxes (Cal.Const.Art.13A) and to spe~d money (Cal.Const.Art.13B). In the event that the fees which can 3) Section 1803(n) provides that the C1ty Council shall appropriate sufflcient funds for the reasonable and necessary expenses of the Board durlng the six months following the adoptlon of the Amendment. Th~s does not suggest that the Councll wtll not thereafter appropr1ate runds for the Board's expenses, but only that, prior to the Board's raislng funds through reglstration fees, the Council will be requlred to wake the approprlations from the general fund. 14 ~ ~ . ~--... . reasonably be assessed against landlords are not suffic~ent to cover the Board's actual expenditures or unforeseen liabilities, the d~fference would ultimately have to be borne by the City through its general fund. Thus, in exercising its duty to prevent waste of public funds and to maintain the City's total spendlng limltation, the Council cannot abdicate totally ~ts ability to review and to modlfy the Board1s budget to the extent that its proposed expenditures exceed fees WhlCh can reasonably be assessed or expose the Clty to an unreasonable risk of loss. Moreover, although Article XVIII entrusts to the Board the pri~ary responsibillty to enforce the rent control law, the Clty also has a responslbllty to assure that laws enactec pursuant to its police power are properly implemented. Thus, if the Board fails to assess sufficient fees to cover the necessary costs of full and fair enforcement, the City would again be obliged to approprlate additional monies to assure the rights of all persons entitled to the lawls protection. In this respect. too, its independent obligation to the public precludes its total abdication of all budgetary controls. At the same tlme, the Council cannot usurp or unduly burde~ the power vested in the Board inltially to determine and f~nance the reasonable and necessary expenses of implementing the rent control law. It is suggested that the standard of budgetary review in Ordlnance No. 1127 is a reasonable means of harmoniz~ng the mutual dutles and powers of the Board and the Council, l.e. 15 e e system~ nor do these controls impinge upon or frustrate the Board ln carrY1ng out its dut1es. See Diamond International Corp. v. Boas, 92 Cal.App.3d 1015, 1035, 155 Cal.Rptr.616, 629 (1979). The City Council may not by ordinance grant to the Board autonomy with respect to purchasing. The purported delegation of this power un~er Ordlnance 1153 is invalid because it duplicates dutles delegated by the Charter to the Clty Manager and the Purchasing Agent and thus, v10lates the express provislons of Sect10n 1303 WhlCh prohlb1ts the Counc1l fro. "asslgn[lng] to any other office, department or agency any funct~on or duty assigned by this Charter to a particular off1ce, cepar~~e~~ O~ ".4 agen~y. - PERSONNEL Artlcle XVIII gives the Board the power to "employ and pay such staff . . . as may be necessary to perform its functions efficiently in order to fulfill the purposes of this Article" (Section IB03(p)).5 These words, i~precise in any event, cannot be read in lso1at1on, but must be construed and, lf possible, harmonized with all other relevant provisions of the Charter. The Charter provides in Article XI for the estab11shment of a Civ1l serV1ce system. A merit princ1ple is adopted 1n Sect10n 1100 wh1ch expressly provldes that "[a]pPolntments and promotions 4) Pursuant to Sectlon 1508, the City Council may, by ord~nance, prescr~be such exceptions as it dee~s approprlate to the general COITpetlt~ve bldding requlrement contalned In that sectlon. ~~us, In approprlate cases, the Board could be relleved frou the competitlve blddlng aspects of the purchasing syste~. 5) Sectlon 1803(f) (6) also speclfles that the Board shall have the duty and power to "hlre and pay necessary staff". 17 e e in the admin1strative service of the City shall be made according to mer~t and fltness, to be ascertained, so far as practicable, by compet1tive examination." To this end, the Charter provides that the Personnel Director shall hold competitive examinations for all positions in the classif1ed service (Section 710), and that positions shall be filled by the department heads, as appolnting author1ty, from eligible candidates chosen on the basis of competitive testing (Section 1108). Classified employees are entitled to spec~fied protect1on against arbltrary suspensions, demotlons or dism1ssals, including the right of appeal to the Personnel Board (Section 1110). The Clty Manager is desis~ated the head of the admlnlstratlve brancn of the Clty govern~ent (Sectlon 704) and the City Council is expressly required to "deal with the administrative service under the City Manager solely through the C1ty Manager. "(Section 610). Section 1101 makes the principle of equal Job opportunity applicable to posltions within "any board, department, office or agency 1n the Charter enumerated or provided for. . ." The Board is a City agency established by Charter: therefore, notwlthstanding the power granted to the Board to h1re necessary employees, these ewployees, as well as persons seeklng ernploynent frOM the Board, are entitled to the protection of the CiVl1 serVlce syste~ and the Board must exercise 1ts power conslstent wlth C1Vl1 serVlce provisions. See Hanley v. Murphy, 255 P.2d 1,4 (1953). It does not detract from the Board's authority to hlre and pay necessary staf~ to require that Board staff pos~t1ons be c1asSlfled by the Personnel Board: that, in making 18 e e appointments, the Board hire from candidates deemed eligible on the basis of civil service testing; and that employees fired, suspended, or demoted by the Board be afforded the right to an appeal hearing in accordance w~th Section 1110 of the Charter. 6 Section 1102, which defines the positions in the class1fied and unclassified serV1ces, on its face would appear to make all Board employees part of the classified service.? However, because of the unique role of the Board's attorneys, it is our oplnio~ that these positions Must be treated comparably to those of city attorneys and not included in the classified service. The role of a staff attor~ey dl=fers fron that of any other Soarj eMployee in that the employer is also the client. As a consequence of this dual relationship, the attorney/employee '~mployee has overriding professional obligations, see e.g. Business and Professions Code ~6068, which may not be ident1cal with the employer's interest, and the employer, as client, should retain the freedom to dismiss its attorney. The Clty Council has the power under Section 70Bb to hire attorneys other than the C1ty Attorney to conduct the legal buslness of the Clty. SMMC Section 4611 constitutes a proper delegation of authorlty to the Rent Board to hire its necessary 6) We recognlze that most Board employees were not hired through the civil service system. As discussed in the "Impl.J..cations" sectlon of the opinion, some actl.on will be requlred to protect the rights of these employees. 7) In 11ght of this provlslon of the Charter, the Council's purported delegation to the Board of power to determine wh1ch of its positions are unclassif1ed (S.M.M.C. ~4607) is clearly inval.J..d. 19 --- - -------------- -~- ----- -~--~ - - ~---~ -- -- ----- --- , ~ J,e e legal staff outside the clvil service system. 8 Requiring the Board to comport with civil serv~ce requirements does not conflict with its authority to hlre and pay necessary staff. However, certain other personnel provlsions of the Charter would, if applied, infringe upon the power vested in the Boardi accordingly, under settled rules of constructlon, the later enacted and more specific provisions of Article ~JIII must be deemed controlling. Thus, the Board has the power to determine the Slze and make-up of its staff, unlike the city departments for which the City Council determines staffing needs {s " '3"'-' eC~lOr. ..... U:>,. Rent Board appo~ntroents, again unll~e those ~ade by department heads, need not be approved by the City Manager (section 704(a), 1305). Finally, except insofar as it retalns power to disapprove unreasonable budget expenses, the City Council may not abollsh positions in the Rent Control Administration (Section 1109). In addltion to the power to hire staff it dee~s necessary to effectuate its duties under Article XVIII, the Board also is authorized "to pay" such staff. Giving the word "pay" its common and accepted meanlng, the Board is empowered to determine and to finance from registratlon fees the amount of staff wages and frlnge beneflts wnlch together constltute an employee's 8} The council's powe~ to hire or to delegate the hirlng of attorneys under Sectlon 708b is limited to C1Vl1 matters. Crlmlnal prosecutlons are undertaken in the naMe of the people of the state and, thus, do not const1tute the legal bus1ness of the Clty. Section 708g glves the City Attorney the power and the duty to prosecute all crlmlnal matters. Thus, SMMC Sect10n 4611 is lnvalid to the extent it purports to delegate to the Board the authorlty to hire attorneys to represent it in crimlnal matters. 20 i~e e compensation. CitY,and County of San Francisco v. Cooper, 13 Cal.2d 898,923 at n.13, 120 Cal. Rptr. 707,713 (1975). The Board's power to determine its payroll is limited only in that the Council retains the right to reVlew budget items WhlCh involve an expenditure from or risk of loss to general Clty funds. Again, this limitation is mandated by the inherent power of the City Council with respect,to its budgetary affalrs. "Indeed, lf J.t is assumed that the most important functJ.on of the municlpal leglslatlve body, the Clty Councll, is to oversee the expe~ditures of publlC funds entrusted to it, it is hard to imaglne bow lt can do so effectively unless it has full control ove:::- its largest expenditure ltem - the publlC payroll." J.Wl::'::', "State Regulation of Local Labor Relations: the Demise of HO'TIe Rule in California?", 23 Hastings L.Rev. 809 (1972); see also Fitzaerald v. Badaracco, 202 Cal.18, ---"- , 258 P.937,938 (1927). A further questlon remains as to the Board's power to negotiate with its employees and to enter into binding contracts of employnent. While the Board's power to "hire and pay" would see~ to co~prehend the power to negotiate wages and benefits, it does not e~power the Board to set or negotiate hours or other condltions of e~ployment. Nor is the Board empowered to execute a me~orandu~ of understandlng WhlCh would constitute a binding contractl Chula Vista Pollce Officers' ASSoc1ation v. Cole, 107 Cal.App.3d 242, 246, 165 Cal.Rptr. 598, 601 (1980), enforceable against the Clty. The Charter does not enpower any department or agency of the Clty to negotiate labor contracts. Therefore, pursuant to 21 f_ e Section 605, this power resides in the City Council. Pursuant to Ordlnance No. 801, which was adopted to implement the Meyers-Millas-Brown l\.ct (MMB), Government Code ~~ 3500 et seg: by providing orderly procedures for the admlnistration of e~ployer-employee relations, the City Manager or hlS delegee is a~thorlzed to negotiate employment contracts to be approved by the Clty Councll. Ordlnance No. 1153 may be read as a valid delegation to the Board of the power to negotlate with its staff regarding the terms and co~ditions of employment. However, the Council cannot delegate to the Board the power to ultimately execute a binding e~p:o~~e~t cont~act. MMB recognizes the right of all public employees to join organlzations to represent them in their employment relationships and imposes upon all public agencies, including chartered cities, the obligation to bargain with such employee organizations with respect to wages, hours and condltlons of employment. Government Code S~3500, 3501(c); See Professlonal Fire Fighters, Inc. v. Clty of Los Angeles, 60 Cal.2d 276, , 32 Cal.Rptr. 830, 841 (1963); ~untin9ton Beach Police Officers' Assoc. v. City of Huntington Beach, 58 Cal.App.3d 492, 129 Cal. Rptr. 893 (1976). h~lle not intended to preempt all aspects of labor relations In the publlC sector, M~B has been construed to prohlb~t local regulations which would frustrate 1ts declared pu~poses and policies. Huntinston Beach ,!:;upra I 58 Cal.App. 3d at 501-02 t 129 Cal.Rptr. at 899. 22 I , ~ At e Mt-1B at Section 3505 imposes on "the governing body of a public agency, or such boards, commissions, admin~strative officers or other representctives as may be properly designated by law or by such gover:ning body," an obligation to "meet and confer in good faith regarding wages, hours and other terms and cond~tions of employment with representatives of [ ] recognized employee organizatlons." However, pursuant to Section 3505.1, only the "governing body or its statutory representatlve" may conclude a b~nding contract: If agreement 1S reached by the representative of the pub11C agency and a recognized employee organiza- tion or recognlzed employee organ~za- tions, they shall Jo~ntly prepare a written memorandum of such understan- ding which shall not be bindlng, and present it to the governing body or its statutory representative for deter- mination. "As a general rule, powers conferred upon public agencies and offlces which involve the exercise of judg~ent or dlscretion are 1n the nature of public trusts and cannot be surrendered or delegated to subordinates in the absence of statutory author1zation." Ca1J.fornia School Employees Association v. Personnel Commlssion, 3 Cal.3d 139, 144, 89 Cal.Rptr. 620, 623 (1970). See E. MCQull11n, 2 Municlpal Corporatlons, ~lO.39. In Ba91ey v. City of Manhattan Beach, 18 Ca1.3d 22, 132 Cal.Fptr. 668 (1976), the Supreme Court held that beca~se sections of the Govern~ent Code, lnc1uding ~3505.1 of MME, speciflca11y delegate to local governing bod~es the power to flX er.p~oyee corr.pensatlon, that power and duty cannot be delegated. See also City and County of Sa~ Francisco v. Cooper, 13 Ca1.3d .. 23 \ '\: II" (e e 898, 929-30, 120 Cal.Rptr. 707,728 (1975) (construing ~l3088 of the Education Code, since repealed, to preclude the School Board from delegating power specifically granted to it by the State). ~agley, supra, involves a general law city; however, insofar as the decision relies on ~3505.l of MME, which applies to chartered clties as well as general law cities, the r~asoning of Bagley would appear to preclude delegation by the City council of the duty specifically imposed on it by ~3505.l to itself approve and thereby make binding, emploYMent contracts. See Glendale C~ty EnE19yees Assoc., Inc. v. City of Glendale, 15 Cal.3d 328, 337, 124 Cal.Rptr. 513,517 (1975), cart. denied 424 U.S. 943 (~erorand~~ of u~derstanding beco~es blnding contract upo~ approval of the govern1ng body). Accordingly, wh~le the Board's delegated power under ordinance 1153 authorizes it to "meet and confer" with its employees as the representative of the public agency, any negotiated agreement must be approved by the City council 1n order to be binding. In view of the Board's charter power to set employee salaries, the Council's review of wage and benefit provislons in the proposed memorandum of understandlng is I1mited to a determlnation that these terms are consistent with the Board's approved budget. IMPLICATIONS ThlS opinlon atte~pts to address novel and extremely cor.plex questior.s concern~ng how to integrate into the preexisting structure of Santa Mon~ca's gover~~ent a large agency wnlch was created by ~nltiative charter amendment to adm1~lster 24 .. IE II: 41 tit e an ambitious and pervasive rent control law and which has operated for nearly two years in a largely autonomous manner. This opinion responds to specific questions whic~ have arisen. We have attempted to set out a framework within which to address these issues. We recognize, however, that myriad other issues, in the context of these questions, as well as those not yet asked, wlll undoubtedly arise which will requ1re further research. Hopefully, the fraMework of this opinion will provlde guidance ~n answering the~. Ordinance 1153, adopted by the C~ty Council on Aprll 14, 1980 declared the "independent power of the Rent Control Board to deterrrllne 1 ts own personnel, flnanclal and budgetary pc l::.. C :lES. " wblle much of Ordinance 1153 constitutes a valid delegation to the Board and/or a proper recognition of its authority under Article XVIII, it is our opinion that certain provisions of the Ordinance cannot be construed in a manner consistent w~th the Charter and with the City Council's undelegable legislative responsibilities. Specifically, the following prov1sions are considered invalid: --- Section 4607 to the extent that 1t purports to g~ve the Board the power to determine which of its positions are classl.fl.ed; Sectlon 4608 in its entlrety; Section 4609 to the extent that the Board's independent authority to determine its own personnel, f1nancial and budgetary policies infringes upon powers expressly granted by the Charter to the Personnel Board and the C~ty Manager and upon 25 . r -\ , '\, tit tL <If) ./JO <':lrrj, oS -I. "t:l; f)"/'r <':l.s- .s-lJ rfSl a~~'~~,,:,:!~. _ #I --......~~--- -. --. -.- 4?e"J, .y 'v: (j 0 :? -<- 0 l; ./. 1]0.... c.. Or oSq t .J..'t .J.,s;f'. lfJ -<-", Cio qr. <:l oS'..r ~.' o .sf)"'t'" "t:h qoS c't th . tl.. 9l.i-.l oSfSl .J.oS' ".J.. 0t] 00 Op . .s ',y '/;Jet ../.l] . O,p.,z qoS 0..... . -.l01] /].:z: ,p <'-'.J..I] . It 01] OoS' .,z01] "Jv", oS'.J.'6./ ' .J.' I:-fSl e. I] 00 '.I"ft0 . f)l:}cl tl;fSl Of t:1) r f).l fSllfJfSl 9&./ 0'.;.- .... e t:h ~ O,s f) -6l.irj, 9f)t ..PI:- ' 00./ ..l;f' ./)0... 1:l; ....1; fSl fSlt,.. -.ll] Co IS' S>, QI:} I("t:: .J.../) 0..z.l ~iS' J:-e ..z' r ,s../Jo oS .l:f" E'00,o,.... I].s 1: "t.J;e <"Il} G c'ttf) c. G./)q. t:.J;f) 0l.i1]0 .J..1: ( q ) ..f'o ] .J../ ,./ c't", C'OI] orv..{ C'fSl,p ,s.J.q 1]9 t:.s ~fSl 0.. q0 ell] I]cl"" t:.t oS'. 17] .p O~ .J..et, E'1]t: '.J:-.J..' .~.. el] .s OJ:- o tlf. to to 01:} .J.. eN 80'~ t1; oS.J..' '-l. .-:to e (je.c .J..I] Ii c'ttJ. to ('Jet, tJ;.J..' <;601 OP1:.J." 00 0...0 oS' '... o/] t>fSl "t::.J.' o,p . <;6] .c t: 01] -<-./) . ,.] 1;E' o,{' .,z0J]. 1:0 ./J 0 ('J./) , qrq, fSll't, oS fSl.('-: E>.\'" 9fSll] .PfSl C'y 1]c:l.,z'1: Qp.P J:- lJr 0..... f) <'-'r. lJl:} t -<- <':l t -<../ .J.o ~ I] '.lJ ...... Ot> q../ <6 Co <. lJr;,..... . -.J..l (-6) &lJ-I:~. ...!0. .If) ./)t -' ~- _ _.._c_-~ ~~:::~~_~~:__~ ~~:-~-,;Ic~~~:. _._--:::'i~~~h ~~~-"';'~..w....,...:::;.- .:......'--.Q-..._:!~ ~L ~ -. f- ~ ~';;'''~~~~~.iC.Iii~ .CI~I'".IIIi..-~~- --~~;;;:::~..."._...........-.--.,IL~L . r i.a ,. e ,~, - '\: of the 1981-82 budget; (c) consider adoption of legislation to protect the rights and continued employment of existing Board employees within the civil service system. j6Lu,_S~(t<I~ S"k<k Stephen Shane Stark. Act~ng City Attorney ,~ \ / ..r:. ~ . _. 4 , r-O';.....v)~ ~ Susan L. Carroll, Deputy Clty Attorney . -7 rj) /" ,b} L"[1;.://;-I....-' ~'P./~-I- Bettylou Borovay, J Deputy City Attorney 27 ... t ... ~ ~ ~. ~~~c~ ~---- ~--- ~ ~':;J9--,> - - .-l'-"~_ -J-=-~r;::~_ r" _41"-';' t:<) G -l.9fi' S-.e: o C':t> "',s-l :tOll" ./ilJq. -l .5'.€, 9'~t:: C':;>.t. t:i) o.v (\ .P .? J":" q~" "0 "q :CC'(Sl 9'(1 c':i./)Cj O..f' t:: l. ~><' <I.,z '.c ~ (l0t . I \ . e ,\'. <'l>.(.' .sO.,> ~>;.. ";0' . .~ <:'Jt t~ b ~t (\ .,z./) to ..f'l.;-l-l A .~o t; 'Jr Ov <;b <1s :;>0 ';:;'0 '~7: '- -' ~~.::::.::.~-~ - - ~ - ~~~~~,.~~ - ~~~~.~-~~""-...~-~ -=-~;:: ~~-~-;;-... ~ - ---::.- <1 .J;l ~&.l) _ Op ':(:>.s: CO..? j ~ .<1.00 .7>..s' 0-<.(; ..$'(\ ~..s- l:>:p ~ C J>.l'0 ../:'-<~ <1.f) ~ ~ :.t1vG' -l":t>r. <'\1 oS) l't.l' ':z:, '>> .r 01' <'\l.( ...:z, .(~.e 0.):'> :J> .5'.7>>> ~ CO<v -l 8~ I/.e ''''1:t'.r 1'.1(0980.../1;7:.; C.l':;> 04- Z.e 8j J:.tO~}'" 0. 0<10-.; l)0b'~..( C.lj q)lvC .A ~<=;"" -4'.f) .(' ,f;> O<,? :;>//.& C'..(1)r COu: ~0 ..( -<. Op 1>//.& C.t:;> :r oj:'> S-1l~'j> ~ l:tO ~. -< o ~.o"" '.(' '" oS b___ t:i) "'1 (\ !l?, 0-<.<, 7'.0 - ~./) t: P-l ~ 0.'6 .-flq 0 .2.2 ~O-c I]t:<-O '" O..lj .s.o '..l .s -< ../:' q-lJO<:'J -$ .0 ~.s oS -cel 0~ OJlJt -<!?./) c':i17c; 0.6.;.- -< O./) ':':;.1) rCJ .lj c1 <:'J cj , '-/ t: /Q.J. c').l]r:j /;0 l).J.-$ t:J; C' -l t: .c ~.c (\.cj.. E'..::,.:- . ...,t: ..sl.. ~.t- <J ~ -it: -$1; .. J~__.., ,..i....~ -_....-:.- -~~~- ......: --'-"".... - - .', ~ ",...---~~~~~.c;:_~~ ". .. ....... " ~ DATE TO' FROM SlJBJECT . //L ./ -:,. )- - / CITY OF SANTA MONICA INTER-DEPARTMENT MEMO September 29. 1980 ~ Shane Stark, Acting City Attorney @ R. N. Aronoff, Director Administrative servi' ~ Expenditures for Rent Control Administration ----- - -- - - ---- Purchasing has been processing requisitions from Rent Control based upon the premise that the Rent Control Board is an autonomous agency not subject to the City Council's budgetarv control. Please advise this office of the appropriatenffis of such a process. Specifically can the Purchasing Agent purchase goods and services for the Ren~ Control Board without followi~g Council policy and proceedures established for other City functions! R..'lA fmj CC' Rent Control (Ref. Furch .Req _ 4ft 99045 & 99046) <:.v l..... .c .:t_ ~ ~ ~ - --- ~ . . ; ..J' " ~ /:i;: CnC') h_ ~..., -..~ '\, h.