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SR-072396-8CPCD:SF:PC f:\plan\adr,~in\ccreport\psfbond Council Meeting: July 23, 1996 TO: Mayor and City Council FROM: City Staff ~ fi~~~ r ~ 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 ~ ~. ~ ~'r'Et:t~ `- ~ • _ . ! 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. 2 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. 3 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. 4 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~ 5 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). 6 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 7 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 8 ` ~~ ~~ 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 - 1 - 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. - 2 - 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. - 3 - 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: ~' ~ i ~.Ll.1,L f ~c~' 7;.r~c.i ~t~t ~~-( MARSHA JONES MOUTRIE City Attorney - 4 - Adopted and appro~~ed this 23th of Julc. 1996 ~~ ~~ ~sa~:oT 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 ~ ~ n~ W _ ~~ o~n~' 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 3 (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 - 8 - 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 - 9 - 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 - 10 - 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) - 11 - 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 - 12 - 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 - 13 - 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 - 14 - 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 - 15 - 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 - 16 - 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 - 17 - 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 ,. ~ 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 ~ `~~ Crtc• Clerk