SR-072396-8CPCD:SF:PC
f:\plan\adr,~in\ccreport\psfbond
Council Meeting: July 23, 1996
TO: Mayor and City Council
FROM: City Staff
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J U L 2 3 1996
Santa Monica, CaliPornia
SUBJECT: Reconmendation to Adopt an Ordinance and Resolutions for
the Placement of a General Obligation Bond on the
November 5, 1996 Bal~ot for the Purpose of the
Acquisition, Construction and Completion of a Public
Safety Facility.
INTRODUCTION
This report recommends adoption of an ordinance and resolutions
necessary for submitting a general obligation bond measure to fund
the construction of a new Public Safety Facility on the November 5,
1996 ballot. This report provides a brief history of the need for
the proposed facility, previous council action on this issue, a
cost analysis for the project, including the cost impact to
residents of the City if the bond is approved, and required Council
actions to place the bond on the November ballot.
BACRGROUND
Since 1988, the City of Santa A4onica has recoqnized the need for a
new police building due to inadequate £acilities. Based upon
studies that have been conducted analyzing the space needs of a new
building, and experiences during the 1994 Northridge Earthquake,
it has been determined that the City needs a new Pubic Safety
Facility, c•~hich includes the Police Department, Fire
Adninistration, coordinated dispatch, and a dedicated Emergency
JUL 2 3 f996
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Operations Center. The proposed four story, 56 feet high building
is 118,700 square feet, and includes tcao subterranean levels. Key
components of the building include 101,790 square feet for the
Police Department and jail facilities; 7,450 square feet for Fire
Administration; 4,360 square feet for an Emergency Operations
Center; 5,10o square feet for a coordinated dispatch center; and
100 subterranean parking spaces for official vehicles on the two
subterranean levels. The public entrance will be on the south side
opposite from Olympic Drive.
PREVIOUS COUNCIL ACTION
On August 2, 1994 the City Council considered placing a$33 million
bond on the November, 8 1994 ballot to fund the Public Safety
Facility. Instead, the Council directed City Staff to proceed with
the schematic design of the facility, environmental review,
community outreach, and place a bond measure on the ballot by no
later than Novenber, 1996.
Since that time, the City hired Dworsky and Associates to prepare
a schematic design, conduct technical studies, and prepare a
detailed cost estimate. The results of these efforts were
presented to the City Council at the June 11, 1996 meeting. The
environmental revieca is being prepared at this time, with a Draft
Environmental Impact Report available in approximately six to nine
months. City and Coastal Commission review of the project will
occur after the election if the funding is approved.
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On June 25, 1996 the City Council directed staff to return by July
23, 1996 with all necessary action in order to place a general
obliqation bond measure on the November 5, 1996 ballot to help fund
the construction of the facility. Adoption of a resolution stating
the necessity of placing a bond measure before the voters was
approved by the City Council at the July 16, 1996 City Council
meeting, ~~hile the ordinance orderinq the submission of the bond
and other related resolutions are required at this time to place
the measure on the November 5, 1996 ballot.
If the bond measure passes in November and the City proceeds with
the building, the environmental reviee~, City approval, design
development and construction documents process would begin soon
after the passage of the bond. It is estimated that construction
could begin by the spring of 1998, o~ith the building completed and
ready for move in by the summer of 2000.
COST ANALYSIS
A cost analysis for the project was prepared by Dworsky Associates,
the JCA7 Group, and Iskander Associates, and includes all
construction costs and fixtures and furniture costs.
The estimated cost of construction for the building, including
subterranean parking, is approximately $32.34 million. The
estimated cost of constructing 0lympic Drive, which is necessary to
support the building, is approximately $2.58 million.
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However, associated e~ith any construction project are design fees
and other direct costs, including design, architectural and
engineering services with regards to working drawings, and direct
costs such as off-site mitigation, testing and certification during
construction, adninistrative and nanagement fees, and bond issuance
costs. These estimated costs are approximately $5.60 million.
Since the bonds would not be issued until July, 1997 at the
earliest, there is the possibility of increased interest rates or
a change in the issuance date of the bonds that would impact the
total cost of the issuance. Staff estimates that these changes
could add approximately $i.38 million to the total cost of the
bonds. Therefore, the total cost for the project is approximately
$41.9 million. This figure does not include costs for furniture,
fixtures and equipMent which can not legally be paid for with bond
proceeds.
Over the past t,ao years, $12.4 million of general fund revenues has
been set aside to help fund the construction of the Public Safety
Building. This leaves approximately $29.5 million needed to
complete the project, which could be funded by a General Obligation
Bond measure, additional general fund monies, or other financing
alternatives. Proposition C funds may be available for the final
desiqn and construction of Olynpic Drive, but that funding is not
guaranteed and should not be assumed at this point.
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Therefore, if the Council acts to place a bond measure on the
November 5, 1996 ballot, staff reco~Mends that the total cost
presented to the voters be an amount up to $29.5 million.
If funding is made available for Olympic Drive from transportation
monies after the bond measure passes, the City dedicates additional
funds too:ards the project, or interest rates stay constant or
decrease, the amount of bonds issued May be reduced from the $29.5
million anount approved by the voters.
Passage of the general obligation bond requires a two-thirds
ma~ority of those voting. Cost to residents of the City would be
based upon their assessed property value, with renters paying on a
per unit share for their property if the tax levy amount is passed
through to renters by the Rent Control Board.
The following table provides a breakdown of the costs of a$29.5
million general obligation bond to the median assessed residential
property of $208,609, k~zth a 20, 25, 30 or 40 year payment period:
20 Years 25 Years 30 Years 40 Years
Approx. Cost to
Median Assessed
Residential
Property per year $78.77 $72.14 $67.77 $62.63
for a $29.5 million
bond
Approx. Total
Debt Service $~6.65 $51.28 $56.05 $65.57
(in $millions)
Interest Rate 5.63% 5.74°s 5.83% 5.97~
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As the above table shocas, a long payback period results in a
slightly lo:aer annual fee to property owners, but the total amount
of debt service and interest rates increase substantially.
Therefore, staff recommends either a 25 or 30 year bond as a way to
keep the annual cost to property ov~ners as low as possible, while
minimizing interest rates and total debt service. Staff does not
recommend using a 40 year payback scenario since there is
difficulty selling and marketing 40 year bonds, the total debt
service is significantly higher than the other options, and a
higher interest rate is required.
ELECTION PROCESS
In order for the City Council to place the Public Safety Facility
general obligation bond neasure on the November 5, 1996 ballot, the
following steps must be taken:
o Adoption of a Resolution calling for a special election
(see Attachment A).
o Adoption of a Resolution requesting the Los Angeles
County Board of Supervisors to consolidate the special
election with the general election in November, 1996 (see
Attachment B).
o Adoption of a Resolution requesting the Los Angeles
County Board of Supervisors to provide any electoral
services necessary (see Attachment C).
o Adoption of a Resolution specifying caho writes arguments
in support and opposition to the bond measure -- the
Council should select who o~ill write the argument in
support for the ballot pamphlet (see Attachment D).
o Adoption of an Ordinance ordering the submission of the
bond for an election (see Attachment E).
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o Adoption of a Resolution of Reimbursement which allows
the City to be reimbursed with bond proceeds for
documented City costs incurred during preparation of the
bond financing and activities related to the design of
the facility (see Attachment F).
BUDGET/FINANCIAL IMPACT
The cost to the City of placing the measure on the November ballot
is approximately $10,000. Funds have been budgeted for the purpose
in the City's FY 1996/97 adopted budget.
RECOMMENDATION
It is recommended that the City Council adopt the following
ordinance and resolutions in order to place a general obligation
bond up to $29.5 million for a 25 or 30 year payment period on the
rdovember 5, 1996 general election to fund construction of a new
Public Safety Facility:
o Resolution calling for a special election
o Resolution requesting the Los Angeles County Board of
Supervisors to consolidate the special election with the
general election in Nove~ber, 1996.
o Resolution requesting the Los P.ngeles County Board of
Supervisors to provide any electoral services necessary
o Resolution specifying whocarites arguments in support and
opposition to the bond measure -- the Council should
select who will write the argument in support for the
ballot pamphlet.
o Ordinance of the City Council Ordering The Submission Of
A Proposition Of Incurring Bonded Debt For The Purpose Of
The Acquisition, Construction And Conpletion Of A Police,
Fire And Emergency Operations Center To The Qualified
Voters Of The City Of Santa Monica
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o Resolution of the City Council of the City of Santa
Monica Declaring the City's Intention to Reimburse
Expenditures from the Proceeds of Obligations to be
Issued by the City and Approving Certain Related Actions.
Attachments: A) Resolution calling for a special election
B) Resolution requesting the Los Angeles County
Board of Supervisors to consolidate the
special election with the general election in
November, 1996.
C) Resolution requesting the Los Angeles County
Board of Supervisors to provide any electoral
services necessary
D) Resolution specifying who carites arguments in
support and opposition to the bond measure --
the Council should select who will write the
argunent in support for the ballot pamphlet.
E) Ordinance of the City Council Ordering The
Submission of A Proposition Of Incurring
Bonded Debt For The Purpose Of The
Acquisition, Construction And Completion Of A
Police, Fire And Emergency operations Center
To The Qualified Voters Of The City Of Santa
Monica
F) Resolution of the City Council of the City of
Santa Monica Declaring the City's Intention to
Reimburse Expenditures from the Proceeds of
Obligations to be Issued by the City and
Approving Certain Related Actions.
Prepared by: Suzanne Frick, Planning and Community Development
Director
Ja~es T. Butts Jr., Chief of Police
Richard Bridges, Fire Chief
Craig Perkins, Environmental and Public Works
rianagement Director
Paul Casey, Assistant to the Director PCD
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ATTACHMENT A
CA:f:atty\muni\laws\mtt\elect.l7a
City Council Meeting 7-23-96 Santa Monica, California
RESOLUTION NUMBER 9066 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CALLING FOR AND GIVING NOTICE
OF THE HOLDING OF A SPECZAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 5, 1996
WHEREAS, Elections Code Section 12107 authorizes the City
Council to provide that all ballots cast at the Special Municipal
Election be counted at a central counting place; and
WHEREAS, Elections Code Section 9280 authorizes the City
Council to direct the City Clerk to transmit a measure appearinq on
the ballot to the City Attorney to prepare an impartial analysis,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. A Special Municipal Election shall be held in the
City of Santa Monica on November 5, 1996, which is the election
ordered in accordance with Elections Code Section 9255 for the
purpose of submitting initiatives amending the Santa Monica City
Charter and which is the election ordered in accordance with
Government Code Section 43608 for the purpose of submitting a
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proposition for incurring bonded debt to the qualified voters of
the City of Santa Monica.
SECTION 2. The following measure shall appear on the ballot
and be submitted to the voters of the City:
PROPOSITION " ". Shall the
City of Santa Monica incur YES
general obligation bonded
indebtedness in the principal
amount of not to exceed $29.5
Million for the acquisition and
construction of a Public Safety
Building and certain related NO
parking, street, utility and
other improvements.
The City Clerk shall cause the text of the proposition to be mailed
to all qualified voters with the sample ballot. The City Clerk
shall cause the text of the proposition to be published in the
official newspaper and in each edition thereof during the day of
publication in the manner required by law.
SECTION 3. The ballots to be used at the Special Municipal
Election shall be both as to form and matter contained therein such
as may be required by law.
SECTION 4. The City Clerk is authorized, instructed, and
directed to procure and furnish any and all official ballots,
notices, printed matter, and all supplies, equipment, and
paraphernalia that may be necessary in order to properly and
lawfully conduct the Special Municipal Election.
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SECTION 5. The polls for the Special Municipal Election shall
be open at 7:00 a.m. of the day of the election and shall remain
open continuously until 8:00 p.m. of the same day when the polls
shall be closed, except as provided in Elections Code Section
14401.
SECTION 6. The notice of the time and place of holding of the
Special Municipal Election is hereby given and the City Clerk is
authorized, instructed and directed to give such further or
additional notice of the election in the time, form and manner
required by law.
SECTION 7. Pursuant to Elections Code Section 12107, the City
Clerk is authorized, instructed and directed to give such notice of
the central counting place in the time, form and manner required by
law.
SECTION 8. Pursuant to Elections Code Section 9280, the City
Clerk is directed to transmit a copy of each measure to be
submitted to the voters to the City Attorney and the City Attorney
is directed to prepare an impartial analysis of each measure
showing the effect of the measure on the existing law and the
operation of the measure in accordance with the provisions of
Elections Code Section 9280. The impartial analysis shall be filed
by the date set by the City Clerk for the filing of pzimary
arguments.
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SECTION 9. In all particulars not recited in this Resolution,
the Special Municipal Election shall be held and conducted as
provided by law for holding municipal elections in the City of
Santa Monica.
SECTION 10. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereaPter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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~ i ~.Ll.1,L f ~c~' 7;.r~c.i ~t~t ~~-(
MARSHA JONES MOUTRIE
City Attorney
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Adopted and appro~~ed this 23th of Julc. 1996
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I hereb~~ certify~ that the foreeomg Resoluuon 9066 (CCS) ~r-as duly~ adopted at a meetmg
of the Cit} Council held on the ?3th of Jul~~, 1996 b}- the follo~•mg ~~ote
A}es Counciimembers Abdo. Genser. Greenberg, Holbrook, O~Connor.
Rosenstein
\oes Councilmembers None
abstam Councilmembers I~one
Absent Councilmembers Ebner
AT'I`EST
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Crtv C~lerk
EXHIBIT 1
permit procedures so that unoccupied structures which have been red
or yellow tagged as a result of the Northridge earthquake and its
aftershocks may be demolished without the requirement of a
Replacement Project Permit (the "Zoning Ordinance Amendment").
(g) On May 28, 1996, the City Council adopted a Resolution
of Intention directing the Planning Commission to initiate the
Zoning Ordinance Amendment process. __On June ll, 1996, the City
Council adopted Ordlnance No. 1853(CCS), an interim ordinance,
allowing the demolition of earthquake damaged red- and yellow-
tagged buildings without a replacement project permit. This
ordinance will expire August 25, 1996 unless extended.
(h) A public hearing before the Planning Commission on the
Zoning Ordinance Amendment is scheduled for August 7, 1996.
Following Planning Commission consideration, the Amendment will be
considered by the City Council. The process will require
approximately six months to complete.
(g) For the reasons discussed above, there exists a current
and immediate threat to the public health, sa£ety, or welfare as a
result of unoccupied structures which have been red and yellow
tagged as a result of the Northridge earthquake or its aftershocks.
It is therefore necessary to extend the Interim Ordinance to allow
demolition of such structures without the requirement of a
Replacement Project Permit pending the completion of the Zoning
Ordinance Amendment process. If the current requirement for a
Replacement Project Permit remains in effect during the processing
of the Zoning Ordinance Amendment, the delay of issuance of
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(1) When any landlord terminates or causes the
termination of a tenancy on the basis that:
(i)The landlord seeks to withdraw all
controlled rental units from the rental housing market as
provided in Government Code Sections 7060 et seq.
(ii)The landlord seeks to recover
possession of a controlled rental unit pursuant to
Sections 1806(h) or 1806(i) of this Article.
(2)When a tenant serves a landlord with a
notice to terminate tenancy after having received written
notice from either the landlord or the Santa Monica Rent
Control Board that the landlord has filed a Notice of
Intent to Withdraw Residential Rental Units pursuant to
Government Code Section 7060.4 and Santa Monica Rent
Control Board Regulation 16002(a) or an Application for
Removal Permit pursuant to Section 1803(t) of this
Article.
(3) The fee required by this Section shall be
due and payable to a displaced tenant whether or not the
landlord actually utilizes the controlled rental unit for
the purposes stated in the notice of eviction.
(c) Notice to Tenants Beinq Displaced. The
following notification requirements apply to tenants
entitled to relocation assistance:
(i) Except when section 1817(c)(z) is
applicable, any notice to terminate a tenancy which is
served upon a tenant for any of the reasons set forth in
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Section 1817(b) shall be accompanied by the following on
a form provided by the Rent Control Board:
(i) A written statement of the rights and
obligations of tenants and landlords under this Section;
(ii) A written statement informing the
tenant that the required relocation fee has been placed
in an escrow account or other account approved by the
Rent Control Board;
(iii) A written statement that the
landlord has complied with Section 1817(e). If the
landlord has complied with Section 1817(e) by obtaining
Rent Control Board approval of a Displacement Plan, a
copy of the Displacement Plan shall accompany the written
statement.
(2) When a landlord seeks to withdraw all
controlled rental units from the rental market and
terminate all tenancies pursuant to Government Code
Sections 7060 et seq., any notice of termination served
on a tenant who the landlord has determined to be
ineligible for relocation assistance, because the tenant
does not qualify as a lower income household as defined
by Health and Safety Code Section 50079.5, shall be
accompanied by a Rent Control Board form informing the
tenant of the landlord~s determination of the tenant~s
ineligibility. Upon receipt of this notice, any tenant
who disagrees with this determination shall immediately
provide his/her landlord with documentation demonstrating
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eligibility if the tenant has not already done so. The
landlord shall immediately review this information and
reassess his/her determination of tenant ineligibility.
If the landlord determines that the tenant is eligible,
the landlord shall immediately comply with the
requirements of Section 1817(c)(1). A landlord~s failure
to provide the information required by Section 1817(c)(1)
at the time of service of the notice of termination shall
not be considered a violation of this Section if the
landlord's determination of tenant ineligibility was made
in good faith and with due diligence.
(3) A landlord shall comply with the
provisions of this subsection (c) within two working days
after receiving a tenant's notice to terminate tenancy as
set forth in Section 1817(b)(2).
(d) Amouttt of Relocatioa Fee. Subject to
subsection (m), the amount of relocation fee payable
pursuant to the provisions of this Section shall be
determined as follows:
(2) The relocation fee shaZl be determined
according to the size of the rental housing unit as
follows:
Housina Unit Size Relocation Fee
Bachelor or Single $3,000.00
One Bedroom $3,750.00
Two Bedroom $4,250.00
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Three Bedroom $5,250.00
Four or more Bedrooms $5,500.00
(2) If a tenant is evicted from more than one
controlled rental unit on a property, the tenant shall
not be entitled to receive separate relocation fees for
each controlled rental unit. The tenant shall receive a
single relocation fee based on the combined total number
of bedrooms in the controlled rental units from which the
tenant is being evicted. If one of the controlled rental
units is a bachelor or single unit, it shall be counted
as a one bedroom unit for purposes of determining the
amount of the relocation fee (e.g., a tenant who is
evicted from a bachelor controlled rental unit and a one
bedroom controlled rental unit would receive relocation
benefits for a two bedroom unit).
(3) If the controlled rental unit from which
a tenant is being evicted is furnished, Two Hundred Fifty
Dollars ($250.00) shall be deducted from the amount set
forth in Section 1817(d)(1). For purposes of this
subsection (d), a controlled rental unit shall be
considered to be furnished if the landlord has provided
substantial furnishings in each occupied room of the
controlled rental unit.
(4) If one or more of the displaced tenants is
a senior citizen or disabled person, or is a tenant with
whom a minor child resides, and the displaced tenant(s)
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occupied the controlled rental unit on or before June 24,
1986, an additional One Thousand Dollars ($1,000.00)
shall be added to the amount set forth in Section
1817(d)(1).
(e) Additional Fee for Required Counselinq or Other
Services. Subject to subsection (m), an additional fee
shall be imposed according to the following provisions:
(1) For each controlled rental unit from which
tenants are displaced for any of the reasons set forth in
Section 1817(b)(1), prior to service of a notice to
terminate tenancy, the landlord shall pay a fee to the
Rent Control Board in the amount of Two Hundred Fifty
Dollars ($250.00) to be used by the Rent Control Board to
pay for counseling or other services required by
displaced tenants as a result of displacement.
(2} in lieu of the fee required by Section
1817(e)(1), a landlord may prepare a Displacement Plan
which must be approved by the Rent Control Board prior to
service of a notice to terminate tenancy. The
Displacement Plan shall identify the special needs of the
displaced tenants, identify the types of assistance that
will be provided and include a commitment to pay for any
such assistance. At the time of submitting the
Displacement Plan to the Rent Control Board for review
and approval, the landlord shall pay a fee to the Rent
Control Board for such review and approval in the amount
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of One Hundred Dollars ($100.00) for each controlled
rental unit.
(f) Deposit of Relocation Fee into Escroa. The
relocation fee required by this Section shall be placed
in an escrow account, or in another account approved by
the Rent Control Board, prior to service by a landlord
upon any tenant of a notice to terminate tenancy for one
of the reasons set forth in Section 1817 (b) (1) , or within
two working days of service by a tenant upon a landlord
of notice to terminate tenancy as set forth in Section
1817(b)(2). All costs of an escrow opened pursuant to
the provisions of this subsection (f) shall be borne by
the landlord. Escrow instructions shall be approved by
the Rent Control Board. The escrow instructions shall
provide that monies deposited in the escrow account shall
only be distributed to a displaced tenant in accordance
with the instructions of the landlord and that no monies
deposited in escrow may be returned to the landlord
without the written approval of the Rent Control Board.
(g} Payment to Displaced Tenants. The relocation
fee required by this Section shall be paid as follows:
(1) Within two (2) working days of the written
request by the tenant, the 2andlord shall deliver written
instructions to the escrow holder to distribute all or a
portion of the relocation fee to a third party providing
moving or replacement housing to the tenant. The
instructions shall direct the escrow holder to make the
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distribution within three (3) working days of delivery of
the instructions.
(2) Within two (2) working days of the
vacation of the controlled rental unit, the landlord
shall deliver written instructions to the escrow holder
to distribute the amount of the remaining relocation fee
to the displaced tenant or displaced tenants of the
controlled rental unit. The instruction shall direct the
escrow holder to make the distribution within three (3)
working days of delivery of the instructions.
(3) The entire fee shall be paid to a tenant
who is the only displaced tenant in a controlled rental
unit. If a controlled rental unit is occupied by two or
more displaced tenants, the relocation fee shall be paid
to all displaced tenants jointly. In no event shall a
landlord be liable to pay a total amount which is more
than the fee required by Section 1817(d) for one
controlled rental unit, and the landlord shall have no
responsibility or liability for disputes between
displaced tenants over allocation of the relocation fee
between such displaced tenants.
(4) In the event the landlord has been
required to commence a legal action to recover possession
of the controlled rental unit and a decision is rendered
or a judgment has been entered in favor of the landlord
prior to the tenant's vacation of the unit, the landlord
may instruct the escrow holder to withhold from
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distribution to the displaced tenant or displaced tenants
of such controlled rental units any unsatisfied monetary
award provided in such decision or judgment in favor of
the landlord. Upon the judgment becoming final, the Rent
Control Board shall authorize the escrow holder to return
to the landlord the amount withheld. If no decision has
been rendered or no judgment has been entered for a
monetary award in favor of the landlord prior to the
tenant's vacation of the unit, the landlord must
authorize the distribution of the entire relocation fee
to the displaced tenant(s) in accordance with this
subsection (g).
(h) Physical Relocation In Lieu of Fee. The
physical relocation of a displaced tenant is authorized
under the following circumstances:
(1j In lieu of the relocation fee required by
Sections 1817(d) and 1817(e), the landlord may, at the
landlord's option, relocate the displaced tenant into a
comparable replacement housing unit satisfactory to the
tenant. In this case, the landlord shall be liable only
for the actual costs of relocating the tenant, except
that this subsection (h) shall not abrogate any riqhts
already created by Section 1806(h)(2) of this Article. A
tenant shall not unreasonably withhold approval of a
comparable replacement rental housing unit offered by the
landlord. For purposes of this subsection (h), a
replacement unit shall be comparable to the existing unit
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if both units are comparable in size, price, location,
proximity to medical and recreational facilities, parks,
community centers, shops, transportation, schools,
churches and synagogues, amenities, and if the tenant
desires, a rental unit in the City of Santa Monica.
(2) If a tenant displaced for the reason set
forth in Section 1817(b)(1)(ii) elects to occupy a
noncomparable vacant unit on the same property from which
that tenant is being displaced, pursuant to the terms set
forth in Section 1806(h) of this Article, in lieu of the
relocation fee required by Sections 1817(d) and 1817(e),
the landlord shall only be liable for the actual costs of
relocating the tenant.
(i) Remedies. In addition to the remedies
established in Sections 1810 and 1811 of this Article,
the following remedies are available if the provisions of
this Section are violated:
(1) In any action by a landlord to recover
possession of a controlled rental unit for one of the
reasons set forth in Section 1817(b), the landlord shall
alleqe and prove compliance with this Section.
(2) Any landlord who fails to provide monetary
relocation assistance as required by Sections 1817(d),
1817(e), and 1817(h) shall be liable in a civil action to
the tenant to whom such assistance is due for damages in
the amount of the relocation fee the landlord has failed
to pay, a civil penalty in the amount of Five Hundred
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Dollars ($500.00) and reasonable attorney's fees and
costs as determined by the court.
(3) No landlord shall attempt to secure from
a tenant any waiver of any provision of this Section. Any
agreement, whether written or oral, whereby any provision
of this Section is waived, shall be deemed against public
policy and shall be void.
(j) Appiicability of Relocation Assistance
Requirementa as Provided in this Section. The
requirements of this Section shall be applicable as
follows:
(ij The relocation assistance requirements set
forth in this Section shall apply to any tenant in
possession of a controlled rental unit on or after
November 5, 1996, including any tenant who has been
served with or has served a notice to terminate tenancy
for one of the reasons set forth in Section 1817(b) prior
November 5, 1996 and has not yet vacated the unit.
(2) A landlord shall comply with the
requirements contained in Sections 1817(c), 1817(d),
1817(e), and 1817(f) by November 11, 1996, in the event
that a notice to terminate tenancy for one of the reasons
set forth in Section 1817(b)(1) has been served on a
tenant or a notice to terminate tenancy pursuant to
Section 1817(b)(2) has been served on a landlord prior to
November 5, 1996. This requirement does not apply if a
landlord has previously complied with the requirements
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contained in Santa Monica Municipal Code Sections
4.36.030, 4.36.040, 4.36.050, and 4.36.060.
(3) Nothing in this Section shall limit the
amount of the relocation fee that the City Council may
require under Government Code Section 65863.7.
(4) Chapter 4.36 of the Santa Monica Municipal
Code is hereby repealed except for Sections 4.36.100 and
4.36.120(b) and (c).
(k) Iaapplicability of Sectioa to Certain
Evictions. Except as provided in Section 1817(c)(2), the
requirements set forth in this Section shall not apply to
any tenant whose tenancy is terminated or caused to be
terminated on the ground that the landlord seeks to
withdraw all rental housing units from the rental market
as provided in Government Code Sections 7060 et seq.,
unless the tenant qualifies as a lower income household
pursuant to Health and Safety Code Section 50079.5.
(1) Coordination with Other Relocatioh
Requirements.In the event a landlord is required by any
other governmental body to provide relocation benefits to
a tenant who receives a notice to terminate tenancy for
one of the reasons set forth in Section 1817(b), such
benefits shall be off-set against the amount of
relocation benefits required by Section 1817(d). This
Section shall not apply to any relocation plan approved
by agreement by the Rent Control Board on or before June
24, 1986.
- 18 -
(m) Authority of ths Rent Control Board. In
addition to the powers and duties specified in Section
1803 of this Article, the Rent Control Board shall have
the authority to:
(1) issue regulations adjusting the amount of
the relocation fee established in Section 1817(d).
(2) Issue regulations adjusting the amount of
the fee for required counseling or other services
established in Section 1817(e).
(3) Issue regulations establishing the type of
services to be provided displaced tenants under Section
1817(e).
- 19 -
EXHIBIT 2
PROPOSAL BY THE CITY COIINCIL OF THE CITY OF SANTA MONICA TO BE
SIIBMITTED TO THE VOTERS OF A PROPOSED AMENDMENT OF THE
CHARTER OF THE CITY OF BANTA MONICA~ CALIFORNIA
Section 1801 of the City Charter of the City of Santa Monica is
amended to read as follows:
1801. Definitions.
The following words or phrases as used in this
Article shall have the following meanings:
(a) Board. The term "Board" refers to the elected
Rent Control Board established by this Article.
(b) Commissioners. The members of the Board and
Interim Board are denominated Commissioners.
(c) Controlled Rental IInits. All residential
rental units in the City of Santa Monica, including
mobile homes, and mobile home spaces, and trailers and
trailer spaces, except single family homes to the extent
provided for in Section 1815 and those units found by the
Board to be exempt under one or more of the following
provisions:
(ij Rental units in hotels, motels, inns,
tourist homes and rooming and boarding houses which are
rented primarily to transient guests for a period of less
than fourteen (14) days.
- 20 -
(2) Rental units in any hospital, convent,
monastery, extended medical care facility, asylum, non-
profit home for the aged, or dormitory owned and operated
by an institution of higher education.
(3) Rental units which a government unit,
agency or authority owns, operates, manages, or in which
governmentally subsidized tenants reside only if applica-
ble Federal or State law or administrative regulation
specially exempt such units from municipal rent control.
(4) Rental units in owner-occupied dwellings
with no more than three (3) units. For purposes of this
Section:
(i) The term "owner" means a natural
person who owns a fifty (50) percent ownership interest
in the building and resides on the property as his or her
principal place of residence.
(ii) An exemption under this Section shall
expire by operation of law when the owner ceases to
reside on the property as his or her principal place of
residence; thereafter, all units on the property shall be
subject to all provisions of this Article.
(5) Rental units and dwellings constructed
after the adoption of this Article; this exemption does
not apply to units created as a result of conversion as
opposed to new construction.
(6) Where a unit is actually used for purposes
of providing, on a nonprofit basis, child care or other
- 21 -
residential social services in accordance with applicable
laws. This exemption shall expire when the use upon
which exemption is based ceases. This exemption shall
only apply to units as they become vacant and shall only
operate to allow the specified use without the necessity
of obtaining a removal permit under this Article. This
exemption shall not be construed to authorize the
eviction of any tenant nor to authorize the charging of
rent in excess of that permitted under this Article. The
Board may adopt regulations to determine whether a unit
qualifies for an exemption under this Section.
(7J Exemptions are not automatic but shall be
granted by the Board upon application by the owner
pursuant to Board rules, provided that if the Board does
not act upon a completed application for exemption within
ninety (90) days of its filing it shall be deemed
approved.
(d~ FlSUd. ~I:~CI7.~.]::Ill1 ~i.:i?'Lj)S[~=C:1i.d*]Gil~ :J!•~:~'.°-
.~1- . U,^,.7f`.] I~fl^~:L ... . r:~CY_.7 ~ 1.]~t.
(e} Housinq Service. Aousing services include, but
are not limited to repairs, maintenance, painting,
providing light, hot and cold water, elevator service,
window shades and screens, storage, kitchen, bath and
laundry facilities and privileges, janitor services,
refuse removal, furnishings, telephone, parking, and any
other benefit, privilege or facility connected with the
use or occupancy of any rental unit. Services to a
- 22 -
rental unit shall include a proportionate part of
services provided to common facilities of the building in
which the rental unit is contained.
_~~'~; Landlord. An owner, lessor, sublessor or any
other person entitled to receive rent for the use and
occupancy of any rental unit, or an agent, representative
or successor of any of the foregoing.
(g; kalice. An ±n:r:~t t~ v•=x, .~n^c„ c*_ ':i: ~•e
.i° :l-1:^r p~rf::,:;.
~li~ Rent. All periodic payments and all nonmonetary
consideration including but not limited to, the fair
market value of goods or services rendered to or for the
benefit of the landlord under an agreement concerning the
use or occupancy of a rental unit and premises including
all payment and consideration demanded or paid for
parking, pets, furniture, subletting and security
deposits for damages and cleaning.
,~~i,~? Rental Housing Agreement. An agreement, oral,
written or implied, between a landlord and tenant for use
or occupancy of a rental unit and for housing services.
"€:~}: Rental Units. Any building, structure, or part
thereof, or land appurtenant thereto, or any other rental
property rented or offered for rent for living or
dwelling house units, together with all housing services
connected with use or occupancy of such property such as
common areas and recreational facilities held out for use
by the tenant.
- 23 -
'.~~a Tenant. A tenant, subtenant, lessee, sublessee
or any other person entitled under the terms of a rental
housing agreement to the use or occupancy of any rental
unit.
4~~~; Recoqniaed Tenant Orqanization. Any group of
tenants residing in controlled rental units in the same
building or in different buildings operated by the same
management company, agent or landlord, who requests to be
so designated.
'~~~ Rent Ceiling. Rent ceiling refers to the limit
on the maximum allowable rent which a landlord may charge
on any controlled rental unit.
~~} Base Rent Ceilinq. The maximum allowable rent
established in Section 1804(b).
,~q~ Property. All rental units on a parcel or lot
or contiguous parcels or contiguous lots under common
ownership.
`~g~; single Family Home. A property that has been
developed with only one one-family dwelling and any
lawful accessory structures, or a lawfully created condo-
minium, stock cooperative or similar unit that is part of
a larger residential structure or complex, excepting
those condominiums, stock cooperatives, or similar units
converted after April 10, 1970 for which no removal
permit or vested right determination has been issued by
the Board, and those created pursuant to Article XX of
this Charter.
- 24 -
Section 1816 is added to the City Charter of the City of Santa
Monica to read as follows:
1816. Tenant Harassment.
(a) Prohibition. No landlord shall, with respect
to property used as a controlled rental unit under any
rental housing agreement or other tenancy or estate at
will, however created, do any of the following with
malice:
(1) Interrupt or terminate housing services
required by contract or by State, county, or local
housing, health or safety laws.
(2) Fail to perform repairs and maintenance
required by contract or by State, county, or local
housing, health or safety laws.
(3) Fail to exercise due diligence in
completing repairs and maintenance once undertaken.
(4) Abuse the landlord's right of access into
a controlled rental unit as that right is specified in
California Civil Code Section 1954.
(5) Abuse the tenant with words which are
offensive and inherently likely to provoke an immediate
violent reaction.
(6) Seek to entice or entice a tenant to
vacate a controlled rental unit through fraud.
(7) Threaten the tenant, by word or act, with
physical harm.
- 25 -
(8) Violate any law which prohibits
discrimination based on race, gender, sexual preference,
se~cual orientation, ethnic background, nationality,
religion, age, parenthood, marriage, pregnancy,
disability, AIDS, or occupancy by a minor child.
(9) Take action to terminate any tenancy,
including service of any notice to quit or other eviction
notice, or bring any action to recover possession of a
controlled rental unit based upon facts which the
landlord has no reasonable cause to believe to be true or
upon a legal theory which is untenable under the facts
known to the landlord. This subdivision shall not apply
to any attorney who in good faith initiates legal
proceedings against a tenant on behalf of a landlord to
recover possession of a controlled rental unit.
(10) Commit any other act, or fail to perform
any other obligation imposed by contract or law, which
interferes with a tenant's right to quiet use and
enjoyment of a controlled rental unit as that right is
defined by California law.
(b) La~ful evictions. Nothing in this Section
shall be construed so as to prevent the lawful eviction
of a tenant by appropriate legal means.
(c) Remedies. Violations of this Section shall be
subject to the following remedies:
(1) Any person who violates or aids or incites
another person to violate the provisions of this Section
- 26 -
shall be liable for each and every such offense for the
actual damages suffered by any aggrieved tenant or for
statutory damages in the sum of Five Hundred Dollars and
Zero Cents ($500.00), 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 in a proper case as
defined by Civil Code Section 3294.
(2) Any violation of this Section may be
asserted as an affirmative defense to any unlawful
detainer action.
(3) The remedies provided in this subsection
are not exclusive, and nothing in this Section shall
preclude any person from seeking any other remedies,
penalties, or procedures provided by law including, but
not limited to, Sections 1810 and 1811 of this Article.
- 27 -
V o6
q ~
ATTACHMENT B
. r • ~
CA:f:atty\muni\laws\mtt\elect.l8a
City Council Meeting 7-23-96 Santa Monica, California
RESOLUTION NUMBER 9067
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF TFiE CITY
~F SANTA MONICA TO BE HELD ON NOVEP~ER 5, 1996, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON SAID
DATE PURSUANT TO ELECTIONS CODE SECTION 10403
WHEREAS, the City Council of the City of Santa Monica has
called a Special Municipal Election in the City o£ Santa Monica to
be held on November 5, 1996, for the purpose of submitting ballot
measures to the voters; and
WHEREAS, it is desirable that the Special Municipal Election
be consolidated with the statewide General Election to be held on
the same date; that within the City of Santa Monica the precincts,
polling places and election officers of the two elections be the
same; that the Registrar of Voters canvass the returns of the
Special Municipal Election; and that the statewide General
Election and Special Municipal Election be held in all respects as
if there were only one election,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
1
' • -.
SECTION 1. Pursuant to Elections Code Section 10403, the
Board of Supervisors of the County of Los Angeles is hereby
requested to consent and agree to the consolidation of a Special
Municipal Election with the statewide General Election on Tuesday,
November 5, 1996, for the purpose of submitting ballot measures to
the voters.
SECTION 2. At the Special Municipal Election called for
November 5, 1996, the following proposition shall be submitted to
the qualified electors of the City of Santa Monica:
PROPOSITION " ". Shall the
City of Santa Monica incur YES
general obligation bonded
indebtedness in the principal
amount of not to exceed $29.5
Million for the acquisition and
construction of a Public Safety
Building and certain related NO
parking, street, utility and
other improvements.
SECTION 3. The Registrar of Voters is hereby authorized to
canvass the returns of the Special Municipal Election which it is
hereby requested to be consolidated with the statewide General
Election and said election shall be held in all respects as if
there were only one election, and only one form of ballot shall be
used.
SECTION 4. The Board of Supervisors of the County of Los
Angeles is hereby requested to issue instructions to the Registrar
2
of Voters to take any and all steps necessary for the holding of
the consolidated election.
SECTION 5. The City of Santa Monica recognizes that
additional costs shall be incurred by the County of Los Angeles by
reason of this consolidation and agrees to reimburse the County of
Los Angeles for any such costs.
SECTION 6. The City Clerk is directed to transmit and Pile a
certified copy of this Resolution with the Board of Supervisors of
the County of Los Angeles and with the Registrar of Voters.
SECTION 7. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~ 1
;' ~ ~,1~.(:~_JU~'"'„c.c.I~~`{2~,
MARSHA JO13~5 MOUTRIE "
City Attorney
3
Adopted and approved tlus 23th of Jul}, 1996
~~~~:~
:vta~ or
I herebp certifi~ that the forzgomg Resoluhon 9067 (CCS) ~~~as duh adopted at a meetms
of the Crt~~ Council held on the 23th of Tul~~. 1996 bv the follo«•me vote
~yes Counc~lmembers Abdo, Genser, Greenberg. Holbrook, O~Connar,
Rosenstem
Noes Councilmembers None
Abstam Councilmembers None
Absent Councilmembers Ebner
ATTEST
~~~~ ~~-
c~c~~ clerx
ATTACHMENT C
~, ' l.
CA:f:atty\muni\laws\mtt\elect.2o
City Council Meeting 7-23-96 Santa Monica, California
RESOLUTION NUMBER 9069 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER
SPECIFIED SERVICES TO THE CITY OF SANTA MONICA
RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996
WHEREAS, a Special Municipal Election is to be heZd in the
City of Santa Monica on Tuesday, November 5, 1996; and
WHEREAS, in the course of conduct of the Special Municipal
Election and in relation thereto, it will be necessary to mail
sample ballots and polling place information to the registered
voters of the City of Santa Monica; and
WHEREAS, it will facilitate the mailing of sample ballots if
the Registrar of Voters of the County of Los Angeles will make
available to the City of Santa Monica the computer record of the
names and addresses of all eligible registered voters in order that
labels may be printed for attaching to self-mailer sample ballot
pamphlets; and
WHEREAS, the City of Santa Monica desires the Registrar of
Voters to furnish such other election assistance as may be
authorized by state law; and
WHEREAS, all necessary expense in performing these services
shall be paid by the City of Santa Monica,
- 1 -
1 `
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Elections Code Section 10002, the City
Council requests that the Board of Supervisors of the County of Los
Angeles permit the Registrar of Voters to provide the following
services ta the City to the extent determined necessary by the City
Clerk: (1) prepare and furnish to the City of Santa Monica for use
in conducting its Special Municipal Election the computer record of
the names and addresses of eligible registered voters in the City
of Santa Monica in order that the City of Santa Monica may print
labels to be attached to self-mailer sample ballot pamphlets; (2)
furnish to the City of Santa Monica printed indices of the voters
to be used by the precinct board at the polling place; (3) make
available to the City of Santa Monica additional election equipment
and assistance according to state law; and (4) provide such other
services as may be deemed necessary to reduce the expense and
administrative burden of the election.
SECTION 2. The City of Santa Monica shall reimburse the
County of Los Angeles for services performed when the work is
completed and upon presentation to the City of Santa Monica of a
properly approved bill.
SECTION 3. The City Clerk is directed to forward without
delay to the Board of Sugervisors of the County of Los Angeles and
to the Registrar of Voters a certified copy of this Resolution.
- 2 -
.
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
%~~.~~ti~~~.~;
MARSHA JONE3;MOUTRIE,
City Attorney
- 3 -
/ ~
Adopted and approved this 23th of July~. 1996
~~ ~~~
~~a~ or
I hereb~~ certifi~ that the foregomg Resoluhon 9069 (CCS) ~~ as dul~ adopted at a meeung
of the Cit~~ Council held on the ?3th of July, 1996 b~~ the follo~~=ing vote
A~es Councilmembers Abda, Genser. Greenberg, Holbrook. O~Connor.
Rosensteu~
Noes Councilmembers I~TOne
Abstam Councilmembers None
Absent Councilmembers Ebner
~TTE3T
~d_.~ ,~~,~-
Citt~ Clerk
ATTACHMENT D
~
~n6~
1
CA:f:atty\muni\laws\mtt\elect.22
City Council Meeting 7-23-96 Santa Monica, California
RESOLUTION NUMBER 9068 (~CS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING CERTAIN OF ITS
MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING A MEASURE
TO BE PLACED ON THE BALLOT AT THE SPECIAL MUNICIPAL
ELECTION ON TUESDAY, NOV~ER 5, 1996
WHEREAS, a Special Municipal Election is to be held in the
City of Santa Monica on Tuesday, November 5, 1996; and
WHEREAS, Elections Code Section 9282 et seq. provides for
procedures for arguments concerning city measures; and
WHEREAS, Elections Code Sections 9282 and 9285 authorize the
City Council, or any member or members of the City Council
authorized by the City Council, to file written arguments,
including rebuttal arguments in favor of any City measure,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council authorizes the following
Councilmembers to file written arguments as follows:
- 1 -
~
ARGUMENT IN FAVOR OF PROPOSITION INCURRING
BONDED DEBT FOR THE PURPOSE OF ACQUIRING,
CONSTRUCTING AND COMPLETING A PUBLIC SAFETY
BUII,1)I23G AND CERTAIN RELATED PARKING, STREET,
UTILITY AND OTHER IMPROVEMENTS:
COUnCIL1fEMBERS HOLBROOK aND 0'CONtiOR
ARGIJMENTS AGAINST: NOtiE
SECTION 2. Written arguments, not to exceed 300 words in
length, are to be filed with the City Clerk no later than August 5,
1996. Arquments so submitted may be changed or withdrawn by the
authors until and including the date fixed by the City Clerk after
which no arguments for or against the measure may be submitted to
the City Clerk. Rebuttal arguments not exceeding 250 words may be
submitted by persons for or against the Measure in accordance with
Elections Code Section 9285.
SECTIO~i 3. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APFROVED AS TO FORM:
•~;., ~;
,.~.[ f t.X. ~ ~.'~'l(~C~ "CkCi~t~
MARSHA JONk)S MOUTRIE
City Attorney
- 2 -
~
Adopted and approved t}us 23th of Jul~-, 1996.
/ 22ti.X f CT`„".'
Mayor
I hereby certtfi~ that the foregomg Resoluuon 9068 (CCS j was duly- adopted at a meetmg
of the City~ Council held on the ?3th of Juli~, 1996 by~ the follou~ng vote-
A}~es Councilmembers Abdo. Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Iv'oes Councilmembers hone
Abstam Councilmembers ivone
Absent Councilmembers Ebner
ATTEST-
~o~.~e~~ . '; -dx_~ i..TOI~
Ciri' Clerk
ATTACHMENT E
~
Jr~
~ u~
.. _, .
CA:MJM:f:\atty\nuni\laws\mox\bondord.l
City Council Meeting: 7-23-96 Santa Monica, California
ORDINANCE NO. 1856 (CCS)
(CITY COUNCIL SERIES)
AN ORDZNANCE OF THE CZTY COIINCIL OF THE
CITY OF SANTA MONICA ORDERING THE SIIBMISSION OF
A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE
OF THE ACQUISITION, CONSTRIICTION AND COMPLETION OF A PUBLIC
SAFETY BUILDZN6 AND CERTAIN RELATED PARRING, STREET, IITILITY AND
OTHER IMPROVEMENTS TO THE QIIALIFIED VOTERS
OF THE CITY OF SANTA MONICA AT AN ELECTION
TO BE HELD FOR THAT PIIRPOSE
WHEREAS, the City Council (the "City Council") of the City of
Santa Monica (the City") has heretofore adopted, by a two-thirds
vote of all the members of the City Council, Resolution Number 9058
(CCS) entitled "A Resolution of the City Council of the City of
Santa Monica Determining That the Public Interest and Necessity
Demand the Acquisition, Construction and Completion of Certain
Municipal Tmprovements and Their Financing Through the Issuance of
General Obligation Bonds" (the "Resolution"); and
WHEREAS, in order to provide for the issuance by the City of
its general obligation bonds to finance the improvements described
in the Resolution, it is necessary for the City Council to pass an
ordinance ordering the submission of the proposition of incurring
bonded indebtedness for such purpose to the qualified voters of the
City at an election held for that purpose; and
1
WHEREAS, the City Council desires to submit said proposition
to the qualified voters of the City at a special municipal election
to be held in the City on November 5, 1996,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. It is hereby ordered that there be submitted to
the qualified voters of the City, at a special municipal election
to be held in the City on November 5, 1996, the proposition set
forth below in substantially the following form:
PROPOSITION " ". Shall the
City of Santa Monica incur YES
general obligation bonded
indebtedness in the principal
amount of not to exceed $29.5
Million for the acquisition and
construction of a Public Safety NO
Building and certain related
parking, street, utilrty and
other improvements?
The proposition submitted by this Ordinance shall be designated on
each ballot by a letter printed on the left margin o£ the square
containing the description of the proposition, as provided in
Section 13116 of the California Elections Code.
SECTION 2. The object and purpose of incurring the
indebtedness is the acquisition and construction of a public safety
2
_ ..
building, and certain related parking, street, utility and other
improvements (the "Improvements~').
SECTION 3. The estimated cost of the Improvements is Forty -
One Million Nine Hundred Thousand Dollars ($41,900,000.00). The
estimated cost includes legal and other fees, costs of printing the
bonds and other costs and expenses incidental to or connected with
the issuance and sale of the bonds. -
SECTION 4. The amount of the principal of the indebtedness to
be incurred is not to exceed Twenty-Nine Million Five Hundred
Thousand Dollars ($29,500,000.00).
SECTION 5. The maximum rate of interest on the indebtedness
shall be twelve percent (12~) per annum, or such higher rate as may
hereafter be established for general obligation bonds of the City
by the Legislature of the State of California.
SECTION 6. The date of the special election which is hereby
called and ordered to be held, shall be November 5, 1996.
SECTION 7. Except as otherwise provided in this Ordinance,
the special municipal election shall be held and conducted,
election officers appointed, voting precincts designated, ballots
printed, polls opened and closed, ballots counted and returned,
returns canvassed, results declared, certificates of election
3
,. .
issued and all other proceedings incidental to and connected with
the special municipal election shall be regulated and done, in
accordance with the provisions of law regulating the statewide
election to occur on November 5, 1996, with which statewide
election the special municipal election called hereby is to be
consolidated, as provided in Resolution No.9066(CCS) entitled "A
Resolution of the City Council of the City of Santa Monica
Requesting the Board of Supervisors of-the County o£ Los Angeles to
Consolidate a Special Municipal Election of the City of Santa
Monica to be Held on November 5, 1996, with the Statewide General
Election to be Held on Said Date Pursuant to Elections Code Section
10403". Ballots for the election shall be provided in the form and
in the number provided by law. On said ballots, in addition to any
other printed matter which may be required by law, two voting
squares shall be set off to the right of the proposition submitted
at the election, in the manner provided by law, one having the word
"YES" printed before it, and the other having the word "NO" printed
before it. Each voter to vote for the proposition and for the
incurring of said indebtedness shall stamp or write a cross, or
indicate by hole punch or other means, in the blank space opposite
the word "YES" on the ballot to the right of the proposition; and
each voter to vote against the proposition and against the
incurring of the indebtedness shall stamp or write a cross, or
indicate by hole punch or other means, in the blank space opposite
the word "NO" on the ballot to the right of the proposition.
4
SECTION 8. This Ordinance shall be adopted upon a vote of no
less than two-thirds of all members of the City Council.
SECTION 9. This ordinance shall take effect upon adoption, as
provided in Section 619(a) of the City Charter.
SECTION 10. 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 in full once a day for at least seven (7)
days in The Outlook, the newspaper of general circulation for the
City. The first of said publications shall be within fifteen (15)
days after adoption of this Ordinance.
APPROVED AS TO FORM:
~~.~GG~[~~C,r/~~ZC~
MARSHA JQNES MOUTRIE
City Attorney
5
~~/~~~;-~
~4a~ or
State of Califomia )
CountS~ of Los An~eles ) ss
City of Santa ~loruca )
I. 1~1azia ~4 Stewart. Ctty Clerk of the Cit~~ of Santa h4omca. do hereby certifi• that the fore~ang
Ordmance No 18~6 (CCS) had its first readme on Julc 23. 1996, and had its second readin~ on
Julv 23. 1996 and ~~~as passed by the follo«,~ing vote
A}~es Council membzrs Abdo. Genser, Grzenberg. Holbrook, O'Connor, Rosznstein
Noes Counc~l members ~Ione
Abstam Council members ~1one
Absent Council members Ebner
ATTEST
~ w -~~w~7~
Crty Clzrk ~
ATTACHMENT F
~ „ _'.~-
CA:f:\atty\muni\laws\mox\reimburs.l
City Council Meeting 7-23-96 Santa Monica, California
RESOLUTION NO. 9070 (CCS)
(CITY COIINCIL SERIES)
A RESOLIITION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA DECLARING
THE CITY'S INTENTION TO REIMBIIRSE EBPENDITIIRES
FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSIIED
BY THE CITY AND APPROVING CERTAIN RELATED ACTIONB
WHEREAS, the City of Santa Monica (the "City") desires to
finance the acquisition and construction of a public safety
building and certain parking, street, utility and other
improvements related thereto (the "Project");
WHEREAS, the City may use a portion of the proceeds of
obligations issued or incurred to implement the financing (the
"Obligations") to reimburse e~cpenditures made to pay costs of
acquiring, constructing and financing the Project prior to the
issuance or incurrence of the Obligations;
WHEREAS, United States Income Tax Regulations Section 1.150-2
provides generally that proceeds of tax-exempt obligations are not
deemed to be expended when such proceeds are used for reimbursement
of expenditures made prior to the date of issuance of such
obligations unless certain procedures are followed, among which is
a requirement that (with certain exceptions), prior to the payment
of any such expenditure, the issuer must declare an intention to
reimburse such eapenditure; and
WHEREAS, it is in the public interest and for the public
benefit that the City declare its official intent to reimburse the
expenditures referenced herein;
~~ ~
NOW, THEREFORE, BE IT RESOLVED BY TAE CITY COUNCZL OF THE CITY
OF SANTA MONICA AS FOLLOWS:
SECTION 1. The City intends to issue or incur the Obligations
for the purpose of paying the costs of acquiring, constructing and
financing the Project.
SECTION 2. The City hereby declares that it reasonably
expects (i) to pay certain costs of the Project prior to the date
of issuance or incurring of the Obligations and (ii) to use a
portion of the proceeds of the Obligations for reimbursement of
expenditures for the Project that are paid before the date of
issuance or incurring of the obligations.
SECTION 3. The maximum principal amount of the Obligations is
TWENTY-NINE MILLION FIVE HUNDRED THOUSAND DOLLARS ($29,500,000.00).
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution and thenceforth and thereafter the same shall be in
full force and e£fect.
APPROVED AS TO FORM:
~~%A~,~-~4~~-:~ ! /r,_;_. ,.,:
MARS~I-IA JONES MOUTRIE
City Attorney
2
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Adopted and approved tlus 23th of Juh•, 1996
~'~ ~~~_~
Mavor
I hereby certifr that the foregomg Resoluhon 9070 (CCS) w•as dul~ adopted at a meetme
of the Cin~ Council held on the 23th of Jul~~. 1996 by the follocvmg r-ote
A~~es Counc~lmembers AUdo. Genser, Greenber~, Holbrook, O'Connor,
Rosenstem
I~oes Councilmembers None
Abstain Councilmembers \one
Absent Councilmembers Ebner
ATTEST
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Crtc• Clerk