Loading...
SR-8-E (15) CA:RMM:rmdl178/hpca1 City Council Meeting 9-25-90 Santa Monica, ~-E SEP ~ G. 1990 caPflor~J990 /orv-tJOCj STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Adding Chapter 9A to Article II of the Santa Monica Municipal Code to Create a Charter Review commission At its meeting on July 10, 1990, the City Council directed the city Attorney to prepare an ordinance creating a Charter Review Commission. Pursuant to this direction, the accompanying ordinance has been prepared and is presented to the City Council for its consideration. The accompanying ordinance creates a Charter Review Commission consisting of 15 members. Each councilmernber, including the Mayor, shall appoint two members to the Commission. The city Council shall appoint the Chair of the Commission. The ordinance provides that the Charter Review Commission shall prepare a report to the City Council by December 31, 1991, on whether or not the City Charter should be amended in the following areas: ( (1) The method of selection of members of the City Council and Mayor. (2) Whether or not City Charter Section 602 should be amended to provide compensation and benefits for members of the - 1 - ~T-~ SEP r, ~ ~ ,) !~~O~ city council and if so, what compensation and benefits should be provided. (3) Whether or not any limitation should be placed on the terms of office of members of the city council. (4) The method of selection of the City Attorney and the City Clerk. (5) Review Article X of the city Charter to determine whether or not the Boards and Commissions established thereby should continue to be mandated by the City Charter. (6) Whether city Charter Section 612 relating to special meetings should be amended to conform to the Brown Act. (7) Whether City Charter Section 613 relating to the place of City Council meetings should be amended to provide more flexibility to holding meetings within the City. (8) Whether city Charter section 717 relating to a City Health Officer should be deleted. (9) Whether City Charter Section 1515 relating to claims against the city should be revised to conform to state law. (10) Whether City Charter Section 608 should be amended to increase the dollar amount requiring competitive bidding on public works projects. (The $5,000.00 threshold has not been changed in forty years and there is no procedure for adjustment based upon increases in the Consumer Price Index.) (11) Whether City Charter section 1300 relating to official bonds should be amended or deleted. (12) Whether City Charter Section 1501 relating to Cash Basis Fund and City Charter section 1511 relating to Capital Outlays Fund should be amended or deleted. - 2 - (13) Whether city Charter Section 1513 relating to the presentation of demands should be amended or deleted. (14) Such other matters as the City Council by motion may refer to the Commission. Appendix A contains the City Charter. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney - 3 - CA:RMM:rmd1179/hpca1 City Council Meeting 9-25-90 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 9A TO ARTICLE II OF THE SANTA MONICA MUNICIPAL CODE TO CREATE A CHARTER REVIEW COMMISSION THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9A is added to Article II of the Santa Monica Municipal Code to read as follows: Chapter 9A. Charter Review commission. SECTION 2905. creation of Charter Review commission. (a) Pursuant to Section 1000 of the City Charter, a Charter Review Commission is hereby established. The commission shall consist of 15 members appointed by the City Council as follows: ( 1) Two members of the commission selected by each City Councilmember. (2) A chair of the commission selected by the city Council. - 1 - (b) The Commission and Commissioners shall be subject to all of the terms of Article X of the City Charter setting forth procedures for removal of commissioners, terms, and meetings. (c) The Commission shall, prior to December 31, 1991, report to the City Council in writing whether or not the City Charter should be amended in the following areas: (1) The method of selection of members of the City council and Mayor. (2) Whether or not Ci ty Charter Section 602 should be amended to provide compensation and benefits for members of the City Council and if so I what compensation and benefits should be provided. (3) Whether or not any limitation should be placed on the terms of office of members of the city Council. ( 4) The method of selection of the city Attorney and the city Clerk. (5) Review Article X of the ci ty Charter to determine whether or not the Boards and Commissions established - 2 - thereby should continue to be mandated by the City Charter. (6) Whether City Charter section 612 relating to special meetings should be amended to conform to the Brown Act. (7) Whether ci ty Charter section 613 relating to the place of city Council meetings should be amended to provide more flexibility to holding meetings within the City. (8) Whether Section 717 relating to a Officer should be deleted. (9) Whether city Charter section 1515 relating to claims against the City should be revised to conform to state law. City City Charter Health (10) Whether City Charter Section 608 should be amended to increase the dollar amount requiring competitive bidding on public works proj ects. (The $5,000.00 threshold has not been amended since 194 and there is no procedure for adjustment based upon increases in the Consumer Price Index.) - 3 - (11) Whether City Charter section 1300 relating to official bonds should be amended or deleted. (12) Whether City Charter Section 1501 relating to Cash Basis Fund and city Charter section 1511 relating to Capital Outlays Fund should be amended or deleted. ( 13 ) Whether City Charter section 1513 relating to the presentation of demands should be amended or deleted. (14) Such other matters as the City Council by motion may refer to the Commission. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether - 4 - any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ROBERT M. MYERS city Attorney - 5 - APPENDIX A = -..~ ( ( r - - l- '- <.. I SANTA MONICA MUNICIPAL ~ 229 THE CHARTER of the CITY OF SANTA MONICA We, the people at the City at Santa Jaw at said City under the ConItItutIon )lonlca, State ot CalJfornia, do ordain ot saJd State. and estabhsh thia Charter as the organic 1" ARTICLE I-NAME Of CITY SECTIO::>: 100 Name.. The municipal corporation now existing and known as the "1..;J:1'~ OF SANTA MONICA" shall remain and continue to exist a body politic and corporate, as at present, m name, in fact and, In law. ARTICLE II-BOUNDARIES SECTION 200 Boundaries. The tern- tory of the CIty shall be that contained v.'lthin its present boundarIes as now establtshed, with the power and author- ity to change the same In the manner provided by law. ARTICLE III-SUCCESSION BECTIO::" 300 Rights and Ua.blhtfes. The CIty of Santa Monica, a8 successor In interest of the municipal corporatIon ot the sarne name, heretofore created and existing, shall own, possess, control, and In every way succeed to and become the owner of rIghts and of property of every ltind and nature by Bald existmg mUnICIpal corporalion owned, possessed or controlled and shall be subject to all the debts, oblIgatIOns, liabIlIties and duties of said existIng corporatIOn SECTION 301 Ordinances Continued In EiJeet. All laWful ordInances, resolu- tions, rules and regulations, or portions thereof, in force at the time thIS Charter takes effect, and not in conflict or in- couistent hereWIth, are hereby contIn- ued in force unW the same shall have been duly repealed, amended, chaJIged or superseded by proper authority. SECTION 302 RIght'&. dr Oftlcel"ll and Employes Presen."ed. Nothing in this Charter contained, except as specifically proVIded, shall affect or impair the civil eervice, pension and retirement rights or privileges of officers or employes of the CIty, or of any office. department or agency thereof, existing at the time this Charter takes effed SECTION 303 Continuance of Pres- at Offleen and Employes. The present officers and employes shall, without in- terruption, contInue to perform the duties of their respectIve offices and employments for the compl'nsatlon pro- vided by the preceding Charter, of e]tl'lt- tng ordInances, resolutions, rIlles or laws, until the appointment and quaIlficaticon Of their successors under this Charter and subject to such removal and control as ill herein provided SECTION 304 Continuance of Con- tracts and Public Improvements. AIl contractJ; entered into by the CIty, or for i13 benefit, prIor to the taking effect of this Charter, shall continue In full force and effect Pubhc improvements for which proceedings have been insti- tuted under laws or charter pl"Ovlsions eXIsting at the time this Charter takes effect, in the dIscretion of the CIty Coun- cil, may be carried to completion as nearly as pracUcable in acco-dance with the proVlslons of such eKIstmg laws and charter provisIons or may be continued or perfected hereunder SECTION 305 Pendlnc Actlons and Proceedings. No action or proceedrng, civil or crimInal, pending at the time when this Charter takes e1fect, brought by or against the City or any office, de- partment or agency thereot, shall be a1fected or abated by the adoption ot thIs Charter or by anything herem con- tained; but an stich actIolJ/J or proceed- ings may be contrnued notwithstanding that functions, power. and duties of any oftice, department or agency party there. to, by or under this Charter, mB.Y be as- signed or transferred to another office, department OJ' agency, but in that event, the same may be prosecuted or defended by the head ot the office, department or agency to which .uch functions, powerll and duties have been assigned or tranll- fenJl!d by or under this Charter. SECTION 306. E6ective Date of Char. tel'. F'or the purpose of nominating and electing members 01 the City CouncU ( if .. t ," \ . .~ ( { ( c. \. I SANTA MONICA MUNICIPAL CODE 230 R-59 and Board of Education, this Charter The members of the City Council and mall take etrect from the time of ill of the Board of EducatIon in office at approval by the LegIslature For all the bme of the approval of tlus Charter other purposes it shall take efl'ect on by the Legislature, shall continue to hold the Tuesday next IIUcceeding the date office and to discharge the duties thereof until the election and qualificatIon of of the election of the first City Council their successors, respecbvely, under thiS hereunder at eight (800) o'clock P.M Charter. ARTiClE IV-POWERS OF CITY SECTION 400 Powers of City. The corporation might or could exercise un- City shall have the power to make and del" the Constitution of the State of enforce all laws and regulations in re. California spect to municipal aft'airs, subject only The enumeration In this Charter of to such restnctlons and limitations as any particular power shall not be held may be pro'l..1ded in this Charter and In to be exclusive of or any lImItatIon upon the Constitution of the State of Call- Uns general grant of power ' fornla It Shall also have the power to exercIse any and ail rights, powers and SECTION 401 Procedures. The City priVlleges heretofore or hereafter estab- shall have the power and may act pur- llshed, granted or prescnbed by any law I!uant to procedure established by any of the State, by this Charter, or by other law of the State, unless a dIfferent pro- lawful authonty, or whIch a muniCIpal cedure is established by oralnance ARTICLE V-FORM OF GOVERNMENT SECTION 500 Fonn 01 Gove..nll'lent. this Charter shall be known as the The mUnIcIpal government proVIded by "CouncIl-Manager" form of go\ernment ARTICLE VI-THE CITY COUNCIL It' SECTION 600 Number and Term. The City CouncU shall consist of seven mem- bers elected from the city at large, at the tImes and m the manner in this Charter prOVIded, and who I!hall serve for a teml of four years At the first election under this Char- ter, the three candidates receivmg the highest number of votes shall serve until the second Tuesday in April, 1951. and the remaining four shall serve until the second Tuesday in April, 1949 The term of all members shall commence On the lIrst Tuesday follOWIng such election and each member shall serve until his suc. cess Or is elected and quahtied Any ties In voting shall be settled by the casting of lots I .... __.. SECTION 601 Eligibility. No person ......1.. shall be eligible to hold office 8.lII a mem- :: =:.-= ber of the City Council unless he shall _11_, be a quahfied elector at the time of hili =~11.- nominatlO!!..-Bnd shall '),iBveDeen-a-re~i- O<IoIItrn. ~nt orUle City for at least two years un, next preceding the date of his election or appointment In '" SECTION 602 Compensation. The A....o4 members of the City Council shall re- :: ,;:cca celve no compensation for their services A'.I/IOII as such, but shall receive reimbursement 12.14 M for necessary travei and other expenses when on official duty out of the City on order of the City Council and. in addl. tion, the Mayor shall receive the sum of One Hundred and Fifty <$15000) 00]- Ian per month. which amount shall be deemed reimbursement out-of-pocke~ ex- pendltures and costs Imposed upon him in serVIng as Mayor, and all other mem- bers of the City CounCil shall receive the sum of Fifty ($5000) Dollars per month, wh:~h amount shall be deemed to be re- imb~rsernent for out-af-pocket expendi- ture! and costs imposed upon them In serving as CIty CounCIlmen SECTION 603 Vacancies. A vacancy in the City CounCIl from whatever cause ariSIng, shall be ftlled by appomtment by the City CounCil, such appointee to hold otfl.ce until the first Tuesda.y follOWIng the next general municipal election and until hIS successor Is elected and qualI- fied At the next general municipal election following any vacancy, a Coun- cilman shall be elected to serve for the remainder of any unexpIred term If a member of the CIty Council ab. aents himself from all regular meetings of the City Council for a period of sIxty days consecutively from and after the last regular City Council meeting at tending by such member, unless by per+ mission of the CIty Council expressed In Its official minutes. or is convicted of a crime Involving morlll turpItude. ar ceases to be an elector of the CIty. hIS omce shall become vacant and shall be I!O declared by the City Council. In the event the City Councll Ihall fall to fill a vacancy by appointment withIn thirty days after I!uch otfl.ce shill! have been declared vacant. It shall forth- with cause an election to be held to fill filch vacancy ~ toO. -- ( ( ( ( (. I .. SANTA MONICA MUNICIPAL CODE SECTION 60t PrealdJng OffJcu. Ftlayor. (a) On the first Tueaday following any general or special municipal election at which Councilmen are elected, the City Council shall meet and shaH elect O~e of its members as its presidIng of- ficer, who shall have the trtle of Mayor The Mayor shall have a voice and vote in all Its proceedmgs He shall bE' the offiCIal head of the City for all cere- montal purposes He shall perform such other duties as may be prescrIbed by thIS Charter or as may be imposed by the CIty Council consIstent WIth hIS office Th... Mayor shall serve In such capacIty at the pleasure of The City CounCIl (b) !\Ia;)or Pro Tl"mi,orE' The CIty CounCIl llhall also deSignate one of ItS members as Ma.yor Pro Tempore The Mayor Pro Tempore shall perform the dutIes of the Mayor durIng hIS absence or disabilIty SECTION 605 Po~ l"rl!l Vf'sted In the Clt) CoundJ All powers of the CIty shall be vested in the CIty CounCIl, llUO- ject to the provIsions of this Charter and to the ConstrtutlOn of the State of Cahfornra SECTIO:>l 606 Tu" Limit... Exclush"e of speCIal levH's permItted by thIS Char- ter, the CIty CounCIl shaH not levy a property tax In excess of One ($1 00) Dollar on each One Hundred ($100 00) Dollars of the assessed value of taxable property In the CIty for mUniCIpal pur- poses, unless authOrized by the affirma- tive votes of two-thuds of the electors voting on the propOSItion at any elec- tron at WhICh the questIon of such addi- tional l('\'y for munlclpa.l purposes is lIubmltted to the electors There shall be levied and collected at the time and In the same manncr IlS other properly taxes for mllnJcipal pur- poses are levied and collected. as addi- tIonal taxes. If no other proviSIon for payment thereof is made (a) A lax sufficient to me...t all lIa- bilIties of the CIty for prmclpal and in- terest of all bondS or Judgments dill' and unpaId. or to bl;:came due dunng the ensuing tiscal year; and (bJ A tax sufficu'nt to meet all obli- gations of the CIty to the State Em- ployes Retirement System or other sys- tem for the retIrement of City cmployes. due and unpaid or to br:>come due durmg the ensuing fiscal year SpecIal levies. in additIon to the above, may be made annually, based on ap- proved budget requIrements, for the fol- lowing speCIfic purposes parks. recrea- tion and mUSIC, city planning, Ilbrari('s, lIChoolll. advertIsing, and emergency care and relief of needy persons The pro- 231 R-n ceeds Of any auch .peelal levy shaD be used for no other purpose than that Ipecifted SECTION 601 Bonded Debt UmJL The bonded indebtednellS of the City may not exceed the sum of ten (10%) percent of the total aBsellscd valuatIon of propt'rty wlthm the City, exclusive of any Indebtedness that has been or may hen'after be incurred for the pur- pose of acquIrIng or estabhsnlng a sys- tem of waterworks for the sUPplYUlg of water, or for thC' purpose of construct- Ing sewers or drams in the CIty, for WhICh purposes a fUI ther mdebtednes3 may be Incurred by the I!;suance of bonds. subject only to thl' prOVISIons of the State Constitution dnd of this Charter SECTION 608 COhtraC'ts on Public "'ork.. Every contract Involvmg an ex- pendIture of mor!:' than Five Thousand ($500000) Dollars for the constructIon or Impro\ ement ,excluding maIntenance and repair) of public buIldmgs, works, streets. drams, sewers, utilities, parks and plavgrounds, and rach separate pur- chase of matf'rials or supphes for the same, ....here the expendIture required for such purchase shall exceed the sum of Five Thousand ($5,000001 Dollars. shall be let to the lowest responSible bIdder after notice by publIcatIOn m the offiCIal newspaper by two or morc Inser- tions, the first of which shall be at least ten days before the tlm", for openmg bids The City CounCil may reject any and all bids prellented and may re-advertise III Its dIscretIon After reJectinJ;" bids, or It no bIdS are rf'ccIVed, the CIty CounCIl may deciare and dC'~ennlne that In ItS opmion, the work In questIon may be performed bcttt'r or more economIcally by the City \Hth Its o"'n employes. or that the ma- terIals or supplIes may be purchased at a l{lwer pricr:> in thc open market and after thl" adophon of a resolution t~ this effect by at least five affirmative votes it may proceed to have said work don~ tlr such materials or supplies purchased In thl' manner stated. without further ob'lcrvance of the prO\ lsions of thIS sec- tion Such contracts may be let and such purchases made WIthOUt advl'rbs- ing for bids, it such work or the pur- chase of such materl:!ls or supplies shall be dt"l'med by tht" City CounCIl to be of urgent necesluty for the pres~'rvation of lIfe, health or property, and shall be authurized by at Jeallt fhe amrmatlve VDtes SECTION 609 I'ubllshlnlt of upl SollC'l'lI In the event that there is more .... III A...'" ., II.. " lu_ecI A'.II.. 12 14 54 - to, ( ( ( <.. <- I SANTA MONICA MUNICIPAL CODE .. than one newspaper ot general circula- tion publlshed in the City, the City Coun- cil, annually, prior to the beginning of each .fiscal year, shall publish a notice fDviUng bids and contract for the publi- cation ot all legal notices or other mat- ter required to be published, in a news- paper of general circulation publiBhed and circulated in said City, during the ensuing fiscal year In the event there is only one newspaper of general cIrcu- lation published in the CIty, then the City Council shall have the power to contract WIth such newspaper for the pnnting and publishing of much legal notices without being required to adver- bse for bids therefor The newspaper with ",'hleh any such contract I. made shall be deSIgnated the official news- paper for the publl(:atlon of such notices or other matter for the period of such contract In no case shall tha contract prices fOr such publicatIon exceed the customary rates charged by such newspaper for the publicatIOn of legal notices of a pri- vate character, In the e\-ent there Is no official news- paper deSIgnated by the CIty CounCll, then all legal notices or other matter may\ be publIshed by posting copIes thereof in at least three publtc place. in the City No defect or Irregularity In proceed- Ings taken under thIS section, or failure to deSignate an OffiCIal newspaper. .hall Invahdate any pubhcatlon where the same is otherv."lse in conformIty with this Charter or law or ordinance SECTION 610 Interference in Admin. ptrath'e IIen'lce. Neither the City Coun- Cil nor any of Its members &hall order or request dIrectly or IndIrectly the appoint- ment of any person to an office or em. ployment or his removal therefrom, by the CIty Manager. or by any of the de- parbncnt heads in the administrative service of the CIty Except for the pur- pose of Inquiry, the City Councfl and its members I!hall deal with the admlnill- nah\e I!ervlce under the City :Manager solely through the City Manager and neither the City CounCIl nor anv member shall gi\ e orders to any subordinate. ot the CIty Manager, ellher publicly or pnvately SECTION 611 Regular Mf'etlngll. The City CounCIl anal! hold regular meetings at least twice each month, at such times as It shall fix by ordinance or resolution and may adjourn or readjourn any regu- lar meetIng to a date certaIn, which shall be specified In the order of adJournment and when 60 adJourned, each adjourned meeting shall ce & regular meetIng for all purposes 282 SECTION 812, Special Meetings. Spe. cial meetings may be called at any time by the Mayor. or by four members ot the City Councll, by written notice de- livered personally to each member at leut three hours before the Urne Ipeel- ded for the propo.ed meeting. A special meeting .hall allO be validly called, with- out the giving ot lueh written notice. if all members shall give their consent. 1n_ writing. to the holding of such meeting and Inch consent Is on file In the omce of the City Clerk at the tlme of holdIng luch meeting A (e[egi-aphlc comnmnl- cation from a member consenting to the holding of a meeting shall be conSidered a consent In writing At any IIpeclal meeting only such mp}ten may be acted upon as are referred to In such written noUce or consent SECTIO~ 613 Place at Meetings. All meetings shall be held m the Council Chambers of the City Hall and .hall be open to the public. U, by reason ot fire. dood or other emergency, it IIhall be unllafe to meet In the place designs. ted, the meeting! may be held fOr the dura- tion of the emergency at such place as is de!!lgnated by the Mayor or, if he should fall to act, by four members of the City Council SECTION 614 Quorum. Proceeding.. Four members of the City Council shall constitute a quorum to do business, but a less number may adjourn from time to time The City Council .hall judge the qual1llcatJons ot Its members as let forth by the Charter and shall judge all electron returns Each member of the City Council .hall have the power to admmister oaths and afIl.rmatlonsln any investigatIon or proceeding pending be- fore the City Couneil The City Council may establish rule. for the conduct of its proceedIngs and punl.h any member or other person for disorderly conduct at any meetingll It shall have the power and authoritJ,' to compel the attendance of witness!!!, to examine them under oath, and to compel the production of e\idence before it Subpoena8 may be fs.ued in the name of the City and be atteated by the Clty Clerk Disobedience of such llubpoenas. or the refusal to te.uty (upon other than canstitubonal ground.). 8hall constitute a rnisdenleanor. The City Council Ihall cause the City Clerk to keep a correct record of all 115 procudings, and at the demand of any member or upon the adoption of any ordinance, re.o]ution, or order for the payment ot money, the City Clerk .hall call the roll and shall cause the ayes and noE'S taken on any question, to be entered in the minutes of the meeting i < ( ( (, ( I #'0 SANTA MO:t\"ICA ML'1o."ICIPAL CODE i., SECTION 61:5 Adoption of Ordlnaacn and Be50lutJODII. With the sole excep- tion of onbnances which take elfect upon adoption, hereinafter referred" to, no or- dinance shall be adopted by the CIty Council on the day of Its introduction, nor within dve days thereafter, nor at any time other than at a regular or ad- journed regular meeting At the time of adoption of an ordinance or rE'soJu- bon it shall be read in full. unlE'ss. after the readmg of the trtle thereof, th{' fur- ther reading thereof IS waived by unanI- mous consent of the Councilmen present In the event that any ordmance IS alt- ered after its introductIon, the same shall not be finally adopted except at a regular or adjourned regular meetmg, held not les!! than five days after the date upon which such ordInance was 110 altered The correctron of typographical or clerical errors shall not constitute the making of an alteration Wlthm the meanmg of the foregOIng !!entence No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting The affirmative \'otes of at least four members of the City Council shall be reqUired far the enactment of any ordi- nance or resoJution. or far the makiT'g or approVing of any order for the pay- ment of money Emergenc)" Ordinances. Any ordmarce declared bJ' the City CounCil to be neces- sary as an emergency me:;1'lure for pre- serving the public peace, health or sa!~ty and contaInIng a statement of the rea- aons tor its urgency, may be Introduced and adopted alone and the same ml'el- ing it passed by at least five affirmauve votes SECTION 616 Ordlnallce!!. Enact- ments. In addition to such acts of the City Coune,il as are reqwr:ld by statute or by this Charter to be by ordinance, ever)' act of the CIty Council establish- ing a fine or other penalty or grantmg a franchise shan be -by oreinance The enacting clause of all ordmances shall be aubstanlially as follows: uThe City CounCil of the City of Santa }'Ion. ica does ordain as follow!!." SECTION 617 OnUnaneell. Publica. tion. The City Clerk shall cause each ordInance to be pubhshed at least once In the offiCial newspaper within fifteen days after its adoption. SECTION 618 Codification of Ordi. na.nees. Any and all ordlr.ances of the City whIch have been enacted and pub- Jished in the m8JU"ler required at the 233 time of their adopuon, and which have not been repealed, may be compiled, consolIdated, revised, indexed. and ar- ranged all a comprehensive ordInance code, and such code may be adopted by reference by the passage ot an ordinance for such purpose Such code need not be published in the manner required for other ordinances, but not le!!s than three conies thereof shall be filed, for u!le and exammatJon by the pubhe, in the office of the City Clerk, pnor to the adoptIon thereof Subsequent amendments to sec- tions of the code shall be enacted In the same manner as herem reqUired for the amendment of ordmances gencrall) DetaIled regulatIOns pertainmg to any subject. such as the constructIon ot b~llldlngs, plumbIng. wiring or other sub- jects which reqUire extensIve regula- tIons. after havmg been arranged as a com?rehenslVe code, may likeWIse be adopted by reference In the manner here- inabove prOVided SECTIO~ 619 OrdJnance. When Ef- fe.-tive. No ordinance shall become ef. fectIve untt! thirty days from and after tl>e date at It!! adoption, except the fol- IOv.lng, whIch shaH take effect upon adoptIon (a) All ordmance calling or otherwile relating to an election, Cb) .An improvement proceeding ordI- m'nce adopted under some law, or pro- cedural ordinance, (c) An ordinance declaring the a'lloWlt of money necessary to be raised b\' taxation, or fixing the rate of laxa- tIon. or Cd) An emergency ordinance adopted In the m&nl1er herein provlded SECTION 620 Ordinances. "loIa.tloa. Pu.alty. A vlol.ltion at any ordmance of the City Shall constitute a misde- meanor and may be prosecuted in the neme of the people of the State of Cali- fornia or may be redreSl!led by civil ac- bon The maximum fine or penalty for any Violation of a city ordInance shall be the sum of Flve Hundred ($50000) Dollars, or a term of imprisonment for a period not exceedIng six months or both such fine and imprisonment The City Council may provide by ordinance that perlions ImprIsoned In the City Jail for Violation of law or ordinance may be compelli'd to labor on public works. SECTION 621 Ordinances. Amend- ments. The amendment of any secbon. or sections of an ordmance may be ac- complIshed solely by the re-enactment of such sectio:! or lle<.-tlolUI at length o.a amended -. " ( ( .( I -- . So ,tl A.end'" by RII. #t7JCca ".~J\d 4'11-51 (,. <- SANTA MONICA MUNICIPAL CODE 23' It-6 ARTICLE VII-THE APPOINTIVE OFFiCERS SECTION 700 Officers to be AppolJlt- ~ by the City Coundl. The City Coun- cil shall appomt the City Manager, City Attorney and Health Officer. wluch poSI- tiona sh.all not be in the Clasl!ntied Serv- Ice and who may be removed by motion of the CIty Council adopted by at least fl\'e affirmative votes. It sh,,-U also appoint the Citv Clerlt, which posItion shaH be In the Classified ServIce SECTION iOl Omens to be Appoint- ed b~.. the City l\-Ianager. The CIty Man- ager shall appoInt, and may remove, the ChIef of Pollee. WhICh pos1tlon shall not be in the clasSIfied servIce The City Manager also shall appolDt the CIty Controller. Personnel DIrector, City Treasurer, City Engmeer. Street SUpermtendent, Buildmg Officer, Chief Df the FIre Deparbnent, DIrector of Recreation, LibrarIan and the heads of ail other depal tments of the city, which pOSI tions shan be in the classified servIce Appointments to the posltlon of Per- sonnel DIrector, RecreatIon DIrector and LIbrarIan shall be SUbJect to the ap- proval of theIr respectIve boards or com- mISSIons SECTIO~ 702 Other Appolnthe Of- ficers. The CIty CouncIl may provlde by ordInance fDr the creation, continua- tIon or abolll;hment of other CIty de- partments upon recommendation of the C!ty Manager Each department so cre- ated Dr contmued shall be headed by an officer, as department head, who shall be Ilppornted by the Crty Manager. The pOf'Itlons of such department heads shall be Included In the Classified Service. SECTION 703. City l\fan8ger. Ap- pointment. The City Manager shall be chosen on the basis of hIS executive and admmlstratIve quaIifica"tions He shall be paid a salary eommensurate WIth his responsfbilIties as chief admfnfstratlve officer of the City No City Councilman shan receive such appointment during the term for which he shall bave been elected, nor within two years after the expiration of his tenn SECTION 704 City Manager. Powertl and Duties. The City Manager shan be the chief executive officer and the head of the admfnfstratlve branch of the City government, He shall be responSIble to the CIty Council for the proper adminis- traUon of all affairs of the CIty, and he shall have power and be required to. (a) Appotnt nnd remove, subject to the Civil ServIce provisions of thIS Char- ter, all department heads of the Clty except as otherwise provided by this Charter. and pass upon and approve all proposed appointments and removals of $ubo:"dmate employes by department heads, (b) Prepare the budget annually and submIt it tD the CIty Council and be respons\ble for Its admlnistratlon after adoption, (e) Prepare and submit to the CIty Council as of the end ot the .fiscal year a complete report on the finances and admlmstratIve actIVIties of the City for the precedIng year, (d) Keep the City CounCll adVIsed of the fmanClal condItion and future needs of the CIty and make such recommen. dations as may seem to hIm deSIrable, and (el Perform such other duties as may be prescrlbed by thIS Charter or re- quired of hIm by the CIty CounCil, not inconSIstent WIth thIS Charter .--' SECTION 705 City ltlanager. Council Table, The CIty Manager shall be ac- corded a seat at the Clty Councll table and shall be enhtled to partiCIpate in the delIberations of the CIty Council, but shall not h::..ve a vote SECTION 706 l\lanager Pro Tempore. The City Manager shall appomt. subject to the approval of the CIty Council, one of the other officers of the City to serve as Manager Pro Tempore during any temporary absence or d1sablUty of the CIty Manager. Assistant City l\fanager. In the event that the CIty Councfi provides for the appointJnent of an Assistant Clty Man- ager, he shalI be appomted by, and be under the superviSion and dlrecbon of the City Manager The positlDn Of As- sistant City Manager shall not be in the Classified Service. SECTION 107. City Clerk. Powers and Duties. The City Clerk shall have power and be required to: (a) Attend all meetings of the City Council and record and maintain a full . , , ~ < < <- ~ I .- SANTA MONICA MUNICIPAL CODE and true record of all of the proceedings of the Clty CounCIl in books that shall bear appropriate UUes and be devoted to such purposes. Such books shall have a general index sufficiently comprehen- sive to enable a. person readily to ascer- taIn matters contamed therein, ~ 234-A }t-6 (b) Malntam ordinance and resolution books into whIch shall be recorded all City ordinances and resolutionll with thl' certificate of the Clerk annexed to each thereof stating the same to be a correct copy, glvmg the number of said ordi- nance or resolution and, as to an ordl- j t ( (" ( ( '-- I lo' SA:-'"TA '-ro:-<ICA MUNICIPAL CODE nance requmnlt' publicabon. stating that the same h&s been publ1shed or posted in accordance wtL'l thIs Charter. (c, Bt' tht' t !l$tr t.'ln of the .elLl ot tbe City; and ldJ A..rr.InlstE'r oaths or atBnnatiolUll, take affida",ts and deposIUoRa pertain. Ing to the stfalrs and buslnell8 of the City and certify copies of official recorda SECTION 70~ City Attorney. powen and Dutlt"l. Th/' poslUon of CIty Attor- ney sl1all be a full 1Ime ~Itlon and the appolntt>f' 'ihall not be entitled to engage in pnvate pULtI('e To become el1glble fcor appointment U City Attorney, the appointee shall have been admitted to practice as an attorney at law in all of the state cnurts ot Califomla and shall have- been engaged In the practice of lull profell8l0n tor at lean tlve yearll Immediately tin or to hiS appointme-nt The Cz ty A Uorney shllll lIa ve power and be requIred to fa' R,,"prl'sent and advise the City Council and all Clly officers in all mat- tE'rs of law pertaIning' to their offices, Ibl Reprf'!Ient and appear for the City aAc' !l.ny Cny officer or rmploye or for- mf'r City officer or employe, In any or all actions and proceedings In which the City or any :such offie'pr or employe, In or by reason of hiS offiCial capacity. U conrerne-d fir is a party, but the City Council :,'ulll have l"ontrul of all legal bus:ness and proceedmg3 and may em. pl"y l)thPr attome)s to t.1.ke charge of any lltlgatlon or matter or to assist the City Attorney thereIn, , c) A ttend all mf'eUng'! of the City ("nuncil And gllle his a.ivil"e or opmlorl in wntln~ whenever l-equested to dl) so by the ("ltV ("ounCI). or b" Bny of the boards or officers ,)( U,e C, t}', f d I Approve the fonn of all boo:ds givf'n to an,j 1111 (,Ontracts madE' bv the CIty, enr:lorsmli:' hili appro"al therec'l 1n writ! nil:' , It!! Prf:pare Bny and a~l proposed 01 dinanrell 01'0 r"'lolutionll lo:Jr the City, and amendments thereto, rtl Appn.nt and remove such asSI'It. ants and L1cnLal and lIl('nographic hdp as are :lI1thorlzed to be employed In hiS department by the Nty Counr'll. lIU' h personll not to br In the C1&Uifl,.d S~rv- ice 01' thl' Citv, Ig l proseclitc tin behalf of the pl'opl.. all cr:l1l"lal e'3l><'S for Violation of thi'l Charter Hnd oaf Clty Ordlna7le'clI, anti a.1 mlJ.dtm..annr o1'l'tn.."s anaing upon ,10- lah~n nf tllc Illw'I r)f the State: and I h I On ":!,"3tmj: the office. surrender to hII' 'I\lrl"e....nr 1\11 houkll. papers, files and df,cumt'nts perta.lnin~ to the City's atl'a:rs SECTIO.... 70Q City Controller. P?W- 235 R-57 en and Duties. The City Controller shall have charge ot the administration of the ftnanclal a1fairs of the City and be ahaJ1 lIa ve power anrf be reqwred to (Ill Compile the budget expenlle and capl.al elItimates for the CUy Manager; (bl Supel'VJlIe and be responSible for the disbursement of all moneys and have control over all expendItures to Inll11l'e that budget appropnatlOI1ll are not ex. ceeded, ecl Malntaln a general accounting system for the City government and each of its o1!l.cell, departments and agencIes, keep books tor and prescnbe the fu1!l.nclal forms to be ulled by each otlite, department and agency; (d) Require and supervise the keeping of, current Inventories of all property. real and perllonal. by the respectlve ot- ficers In charge thereof and periodIcally to audit the same, (e, Submit to the City Council. through the City Mana~er, a monthly statement of all receIpts and dlsb1lrlle-- mellts In lIUffici.mt detaIl to show the exact financial condItion of the City; Md. as ot the end of each f1.8cal year. 8ubmlt a complete financial statement and report, e.nd en Audit and approve betore payment all bll1s, InVOices. payrolls, demands or charl;,eB agunst the CIty government ana. .lIith tile adVIce of the City Attor- ney, detennine the regulanty, legality and correctness of .such cl81ms, demands or charges SECTlO:" 710 PersOllDel Director Powen and DuUes. The Personnel DIrector shall have power ami be reqwred to lal Give Wide publiCity. through appropnate channels 111 each case, to all iMouncements of competItive examInatIons lO the end of en. couragIng qualIfied persons to take sitch ex. ammallons. C b l Hold competItive examinations for all ap- pointments Ullhe ClaSSifIed ServIce, restncung such examinations to persons reasonably qualIfied to perform the dUlles of the poSItion, C c l Prepare and recommend 10 the Personnel Board and the Cny CounCJ1, CIVIl Service rules . and regulauons (d) Make penodIc studtes of the claSSIfIcatIon plan based on the duties, authorIty, and respon- sIbll1ty of poSItiOns In the City service and make recommendations as to Improvements thereIn. leI Prepare and malDlaUl a pay plan for the CIlr service. I l Develop and establish trammg and educa- tional programs for persons in the City ser- vice. and Igl Investigate periodIcally the operallon and effect of the personnel prOVISIOns of thiS Charter and the rules promulgated thereunder and report fmdmgs and recommendations to the City Manager and the PersoMel Board Item IMf1t ayllnl .. IllS AAfIII 4-12 n " { (' <- (- ( I 1- SANTA MONICA Mm>."ICIP AL CODE ~ - SECTION 711 City Treuurer. Powen aad Duties. The City Treasurer .hall be the custodian ot all public !unds be- 10ng1n~ to or under control of the CIty. or of any office. department or ag-ency thereot. and shall have power and be required to. fa) Rt't:elve and have CUlItody ot all moneys receivable by the CIty from any lource, (b) DepOSIt all moneys received In luch deposilones a.s may be desIgnated by resolution ot the City Councilor,. it no resolution be adopted, by the City Mana~er and in complIance WIth all ot the provulions of the State Constitution and lawlS of the State governIng the han. dlin/{, df'posltlng and s~urtnl!t" of public funds (cl Disburse moneys on dE'mands properly audited In the manner prnvldf'd tl)r in thIS Charter. and (d) Prepare and submit to the CIty Controller monthly wllttl!n rf'norts of all recPlpts. dIsbursements and fllnd bal- ances caples of which reportJI shall be tiled With the City ManSKer SECTJc)~ 712 Cltv Enr:tlleer Po\\en and Duties. To be ehglble for spaoIllt- ment as City Engin~r, U,e appoln~"" shan ha vp had at least Ih'e ypa:.- oJ prac- tlce aa: a RegistE'red CiVil Englnl't!r In the Stat~ flf California. or shall be & Reg1,sterrd Civil Engineer with at least llva year.,' preVioulS f'xppl"ience in mu- niCIpal enR'lneering The r.ltV Engin<>er shall have pl\we" and be requlrpd to, (al Supen'i::.e and b~ n.pon!l"le for all City rn!;lnt'eMng work, (b I Sup'rviso,! and be re"pOI'I,ub!t for the mamtellance, properl)' 1lIdl:x~d. nt all maps plans. profilE'S. C.orolJglt and cnrrect field notes of 411 "'Ineys, and other r!'Cords and mpmor.il.da bt!lon~ng to the Cltv an" pl'rtllllllllll" to his omce and tnI' w,'rk theTf'Of. anot Ie} On \'a,-ahng th, uJ:!!,'" 81!!Tender to Ills S'1(""l!S50r all J''1apli plan:!. l1ej~ n'ltt:s and r,ther J'eeords and J1"pmnr:Jndl\ pertalnin~ to the City's arr"l'~ SEC'T!ON 711 StlW't !7itnpl'..ntMlttl'nt. PO"I'7'I'I a.." DlltJ<"H. Thl: Ftrt'I'!. 3L1p"r- Intend..nt f'lall have tht j!p'lf:al Ull"'" and ,supel'. 'sinn of all City I;t. ....:,s ,... \'_ f'rs and dr"uns and Shall have pl'l'vP!, t~ be r,'qu I rpd tll fa) Makp frequent lnspF::hcn (\f all lItreels, f,,'\\ er.l and dralna "I tte eit~", (b) Receive and Investigate all com- plaJnta as to their condibon and have d1arge of the enforcement of all lawI and ordinanCeJI pertainlnJil' thereto; and 236 R-57 (e) Inspect all streets. sewers and drains whJ1e the same an 1n the course of eOrultruction; inspect. approve or r&+ ject &.11 maten&.ls used in wch construc- tion. whether done by contract or other- wise and. pending InvestigatJOn8 when necessary, stop all work thereon SEC'I'IOS 7H Bu.ildiD~ Offteer. Pow- ers and Duties. The BUIldIng Oflicer shall have charge of "the BUpen"lSlon and inlSpection of all building' cOrultruction W1Utm the Clty and shall have power and be required to' (a l Examme. bUIlding plans In order to determIne C"nfOfmlty with State laws and nrdinances and issue building per- mits In connectlon thereWIth. and (b) Enforce the laws and ordina.nces regulating the construction and mllUl. tenance of bwldmgs and oUter struc- tures SECTION 715 Chlt't of Police. Pow- f'r'!I aDd Duties. The Cluef of Pohce shall !-ave power and be reqUIred to (a) Preserve the publIc peace; (bl Execute and return all process [s- aued to him by legal authonty, and (c) ExerCise aU the powers that are now or may hereafter be conferred upon shen1fs and other police offi.eel'll by the laws ot the State_ SEC'ITON 716_ Chief of the FIre De- partment. Powe", and Dutlel'. The ChIef of the Flre Department shall have power and bp requl red to (a) Supervise all ma ttera n:latlng to the prevl'ntion and extinguishing of tires an<.l the protection of all property Im- paired thereby. and (bl Make frequent inspection at aU property within the City to enforce Are pi eventInn regulatlons SEC"TION 717 Hl'aJth Oflleer. Powers &ud Duties. To be elIgible for appolnt- men~ to the poSItion of Health OlBeer, tlle appointee shall be beensed to prac- tice nledll~lne 1n the State at California and shaD bE' selected on the baSIS of hIlS qw!.lifications or experience in public ht'alth work The Health Offi.eer shall ra..'f' pow!!r and be requlr!!d to' r:J I E'<'frC1Se ge"'leral superviSion over f'nr d.tlnn,s ot health and cleanhn'lI5 In t~t. elt) and t.d.l1:e all necessary meu- l' rr B for the presen-atlon and promotion U"ercot and , (b) Enforce aU laws, ordlna'lces alld r"l,,'Ul~tlons relative to the prcsel'\.tion ""d ImpTovement nf public health. .in- C':'It'lnl' U:osP provi,l~d for the PI'':. enLton nf thspa:o", the maintenance of lIanltary '.)h( lUolls and the in$pectlon and HUper- ( (/ ( ~ <-~ : ,<.. - I SAl'."TA MO~ICA MUNICIPAL CODE ~ VisIon of the production, transportation, storage and sale of foodstuffs. The CIty Council may contract with the County of Los Angeles, or any other public health organization, for the per- formance of any or 1111 functions in con- nection WIth public health mAtters. SECTION 718 Director of Recreation. Powers and Duties. The Director of Rec- reation ehall have power and be re- qUIred to. (a) Supervise and be 1'eBponsJble for 237 R-16 the planning and preparation of a com- prehensJve CIty recreation program, with the aid, assistance, and subject to the approvlll, of the Recreation Commission; promote and .timulate public tntere.'lt therein, and to these ends solicit to the fullest extent possible the co.operatlon of school authOrities and other public and private agencies tnterested therein, and (b) Actively BUpervJle and be respon- sible for all City plAYgrounds and re::re- aUon lac!Uties. ARTICLE VIII-THE MUNICIPAl COURT So. IJG-IO I fI.;puJiI. .by R.... :: EJs.tCCS A4oDI.~ 1:/-14501 J ARTICLE IX-BOARD OF EDUCATION SECTIOX 900 Number and Tenn. The Board of EducatIOn shall consist of Mven members elected from the School DistrIct at large, at the time:;! and in the manner in thiS Charter pro- vlded, and who shall serve a term of four years The members of the Board of Educa- bon holdIng office when thiS Ct.arter takes effect, shall contmue .n office thereafter and until their rt'spectlye terms of office, as medified herem shall expIre and until their successors shall be elected and q UB. 1] tied The eXpIratIOn dare of the terms of the three members or the Board of Edu- cation WhIch expIre J>ccember 31, 1947, shall be advanced to the first Tuesday follOWIng the first election held under thIS Charter The expIration date of the terms of tHe two n>embers of the Board of Edu- r..!lnn which expire December 31, 1949, , ..11 be advanced to the second Tuesday .11 'l.prll, 1949 At the first electIon under this Char-- tel', there shall be five members elected of whom the four candidates receiving the highest number of votes shlll1 aerve until the second Tuesday in April, 1951, and the remaining one shall serve untIl the second Tuesday In Apnl, 1949. The terms ot aU members shall commence on the first Tuesday following such election and each member shall Serve until hIS successor is elected and qulllUied. Any lIes in voting shall be .ettled by the casting 01 lots SF.CTION 901 Eligibility. No person shaH be eligible to hold office as 8. mem- ber i)f the Board of EducatIon unless he lIhaJl have been a qualified elector of the School DIstrict for at least two years ne"t precedIng the date of his elecbon or appoIntment SECTION D02 Compt"n'i&tJon. Mem- bers ot the Board of l:;ducatlon shall receJVe no compensabor :o~ their lIerv- tees aa such SECTION D03. VacanCll'r.. A. vacancy In the Board of Education Irnm what- ever caule arising shall be filled by ap- pointment by the Board of Education, such appointee to hold omce unW the first Tuesday following the next general SANTA MONICA CHARTER mumclpal election, and unul his successor IS elected and qualified At the next general mu- nICipal electIon follOWing any vacancy, a new member shall be elected to serve for the re maming penod of any unexpIred term Jr a member of the Board of Ed ucaUon absents hImself from all regular meetings ohhe Board for a period of sixty days, consecutIVely, from and after the last regular Board meetIng attended by such member, unless by permISsIon otthe Board expressed In Its officIal min utes, or IS convIcted of a cnme InvolVing moral turpI- tude, or ceases to be an elector of the School DIStrIct, hls office shall become vacant and shall be so declared by the Board of Education SEC"rION 004 Presiding Omcer On the first Tuesday follOWing any election at which a Board member IS elected, the Board shall meet and elect one of Its members as the presldmg officer to serve at the pleasure of the Board 238 R-92 SECfJON 905 General M unidpal Electlon Date for Board of Education It Section 1400 of the CIty Charter IS amended to change the dateoftheGeneral Municipal ElectLon from the secon d Tuesday In Apnl of odd n umbered ye ars to the first Tuesday followllIg the first Monday In November of even numbered years, such change shall be applicable to the electIOn of members of the lkIard of EducatIon under thiS Charter In the event such change becomes effectIVe, for those elected members of the Board of EducatIon whose terms are scheduled to expire in Apnl 1985, those terms shall expIre in No- vember 1984 For those elected officers whose terms are scheduled to expIre in Apn] 19B7, those terms shall expire III November 1986 The terms of the officers elected 1lI November of evell numbered years shall begIn on the first Tuesday follOWIng their electIOn ARTICLE X-APPOINTIVE BOARDS AND COMMISSIONS SECTION 1000 In General There shall be SEC"rlON 1004 Meetings Chairman As the follOWing enumerated boards and commls- soon as practIcable, followllIg the first day of SIOIlS which shall have the powers and duUes July of every year, each of such boards and herem stated In addItion, the CIty CouncIl may COmmISSions shall orgamze by electrngone of Its create by ordrnance such additional adVlSory members to serve as preSIding officer. at the boards or commISSions as In Ill. Judgment are pleasure of the board or commISSion reqUIred, and may grant to them such powers Each board or commISSIon shall hold a regu- and duUes as are consIStent wIth theproVlSJOns lar meetlllg at least once each month All of this Charter proceedings shall be open to the public unless the nature of any invesllgatJon or proceedmg IS such that In the opinion of such board or commISSion the publIc mterest would best be sen'ed by clOSing such meeting to the pubhc and the reasons therefor are decla.red as a part of such actIon The vote of a mllJorlty of the entIre membershIp of such board or comml.!lSlon shall be necessary for It to take actIon The City Manager shall deSIgnate a cIty em ployee to act as secretary for each of such boards and commISSions, who shall keep a record of Its proceedlllgs and transactIOns Each board or commiSSion may preSCribe Its own rules and regulatJons, whIch shall be con slStent With thIS Charter and copies of which shall be kepton file In the ofnce of the City Clerk where they bhall be avaIlable for pubhc Inspec- tion SECTlON 1001 Appropriations The City Councl! shall Include in Its annual budget sum clent appropnatJons of tunds tor the effiCIent and proper functioning of such boards and commISSIOns SECfIO\l 1002 AppOintment. Tenn The members of each of such boards or COmml.!lSIOnS shall be appOInted by the CIty CounCIl They shall be subject to removal by motion of the CIty CouncIl adopted by at least five affirmative votes The members thereof shall serve for a term of four years and untIl theIr respective successors are apPOinted and qualLfied The members first appOinted to such boards and comml.S:nons shall so classIfy themselves by lot that the term of one of each of theIr number shall expire each succeedmg July] sL Where the total number of the members of a board or comml.!lSlon to be appOInted exceeds four, the classlCicatton by louhall provld€ for the palTlllg at terms to such an extent as IS necessary In order that the terms of at least one and not more than two shall expIre In each succeeding year Thereafter, any appointment to fIll an un- expIred tenn shall be for such unexpIred period SEcrlON 1003 Existing Boards The re- spectIve terms oC office of all members of the boards and commISSions enumerated In this ArtIcle or In eXIStence at the time thIS Chaner takes effect shall termmate upon the effectIve date of thIS Charter and upon the appoIntment and qualificatIon of the IT successors SECTION 1005 Ql.mpensadon. The mem- bers of all boards and COmrr\lSSIOnS, except the PlannIng Commission, shall serve without compensation for theIr services as such, but shall receive reimbursement for necessary traveilng and other expenses when on offiCIal duty out of the City on order of the City Council Members of the Planning Commission shall receIVe reImbursement for necessary traveling and other expenses when on official duty out oC the City on order of the City Council In addition, pursuant to an ordinance duly adopted by the City CouncIl, members or the Planning CommISSion may be compensated $25 00 per meeting up to a \ ~l!C 905 Adoplc-d II 'piI'uai M.JJ,.lttp._1 Uutlon 6' .. II.. ."'~( n AdDp~r4 6-16 S' So< 1005 amlrtGld .4 Sped.1 Maniclpat Eltcuo:n, Junt " l'Uby RnCl~utlQPI 1'10 lUG (CCS) SAJI.'TA MONICA CHARTER maXImum of $10000 per month Such compensation shaIl be deemed reImburse- ment for out-of-pocket expendItures and costs Imposed upon members in serving on the PlannIng Commission Pursuant to an ordmam:e duly a1:lopted by the CIty Council, the amount of compensation for Planning CommISSioners may be increased by an amount equal to the Increase In the Con- sumer Price Index for each calendar year from the operatIve date of the last adJust- ment of the compensatIon In effect when the ordmance is adopted The Consumer PrICe Index (CPI) shall be the CPI for All Urban Consumers for the Los Angeles, Long Beach, Anaheim Metropolitan Area (All Items), provided by the Umted States Bureau of Labor StatIStics or other com- parable mdex determmed to be approprIate by the CIty CouncIl 238-1 R92 SEcrION 1006 Oaths Amnnations Each member of any such board or commISSion, and the secretary thereof, shall have the power to admmlSter oaths and affirmations 1M anv In vesugation or proceeding pending before such board or CommISSIon SECTION 1007 Planning Commission There shall be a City Planning CommIs- sion appOinted by tile City Cou nell, one member to be elected from its own \ j . - ~ 439.2 PROPERTY TAX..\TIOS-ASSESSME.'il Dh 1 penod E:x.pe~dllures shall not Include depletion c::arges, debt retlre:nem interest on funds mvested In the property, property taxes. corporatlOn lncom~ taxes, or corporatlon franchise taxes based on Income (b) The c.apltalizatlOn rate to be used In valumg owner-occupled smgie famlly dwellings pursuant to thiS article shall not be den\ed from sales data and shall be the sum of the followmg components (1) An mterest component to be determined by the board and announced. no later than September 1 of the year preceding the assessment year and whIch was the jle!d rate equal to the effeccl'we rate on com'entranal mortgages as determmed by the Federal Home Loan Bal"..k Boa:-d, rounded to the "lear- est y. percent (2) An hlstoncal property nsk component of 4 percent (3) A component for property taxes WhlCh shall be a percentage equal to the esumated total ta...x rate applicable to the property for the assessment jear tImes rhe assessment rarlO (4) A component for amortlzatlOn of the Impro\ements which shall be a percen tage equl'o alent to the recIprocal of the remaInIng hfe (c) The capnahzatJOn rate to be usee In valumg all other restncted hlstOfl cal proper1: pursuant to thIS amcJe shall not be denved from sales data and shall be the sum of the followmg components. (1) An m'erest component to be determmed by the board and anncu:,ced no late: than September 1 of the )'ear preceding the assessment )ear and whIch was the }1eld rate equal to the errect:...e rate on con.enrlOnal mortgages as determined by the Federal Home Loan Bank Boare. rounded to the near est Y. percent (2) An hlstoncal property nsk component of 2 percent. (3) A component for property ta'l::es whIch shall be a percentage equal to the esumated total tax rate apphcable to the proper.y for the assessrne:1t :ea~ times the assessment rarlO (4) A component for amOnlZ.3110n of the Impro\ements .....hlCh shall be a percentage equJvaJent to [he reclprocal of the remaln:ng bfe (d) The value of the restricted hlstoncal prope:1y shall be the quane'lt ?f the Income dererrmned as proHded In subdlvls20n (a) dIVIded by the capJtall- zanoo rate de1ermlOed as pro\lded 10 subdIVISion (b) or (c). (e) The ratio prescnbed In SectIOn 401 shall be appiled to the value of the property determmed 10 subdlvlslon (d) to obtalO Its assessed value. (J.dded by Sl.m.1977. c 1040, P 3153, ~.4 ~mended b: Sla:s :984, C 678. ~ 2~} Htalor1c.:aJ 'iole The 19a~ amendment deleted. from the In- :roductolj' jlaragraph. the board for P\.U70s.es of surveys 'eq\l,~ed bv SectIon 1815 of 1,,5 code and' precedll'l the county ass.e!.50r" Ubruy Rdereucu SUle and Local Tuallon Lane. ~ 119 400 J -.. , ... ( ( ( ( ( I SAXTA MO:-,":;'C"A 1i1;~HCI?A!. COP'':; S=CTIO:-; 1013 r:e-eTE'atlon C~rnrnl..- ".Ion. Tltc~l' sh~ll be a Rccrc:;"tlo"l CD-n- m'SSlO"l v.t'lch shall b~ lIppoI"'ted by tne CIty CO,Jn~ll. one mi'rrl.~T to b~ c!et:tcd fro,n n. O\~ n me-r:bl'rshlp. to rTOVI"~ ~Cll\'e ha.!,o'1 with tre Comm\S3'C"I but who <;hl'lll n(!l~her l1~~c a votl' no:" bt> d';::lble to be cmll:"lrlln thereo~. find seven members to ~e e'ector. of t'"le Clt\, ronc of \",rom shall }oold a'lY pa'd or.:cc C I' (!Ct'pl") n"C"It 1'1 the City f;'1)'/c"lYnC"n:', ~-d .n,",t l,.,O"e thiOn four of ..... ".om s.ho.ll be of the s~-re sex SECTIO~ lOB RCr-Ti'SUOn GoTl'n}I;,- 1Ilon p,,\"t"rl! a.nl! nut...... The Rccr"al'(>"'\ CCMnll"~'('=' :s11a.i1 hd.\l' !lower and be . re;ulred to Jo> (II) Act In an a:iv'~vry C;l.Ol'lClt~ to t..'1e Cl:Y CG":'\~:1 _"'j nf"_rt'at~o:' DI:'f'~to" 1"1 a'l r"'L'tttt.f3 ':.~~ta.i.!1.~'I~ Lo ,?u::]~c r,-cr~a" t~cn~ lTJC]UC. ~"' 'p~aygTouJ"'d.~~ lll.:'-""C 4[~d ente:tal:-r-"-," ~. (0) ^?p..- \.! or d'::;:!:,l~r~\'C! p_" r p- r:l;; t~" nt of e r.ec:cec\t:(".:,\ Dl:crctOl" by t.("~ Cl~:; ~.-ts.......r~g~"'. (c) Con.;d~r t "e :'. j-..1;;.1 t>Jeg>et c.f the it'!:c-i'atLon D-=-p::...:-Lrr e...t d...::nr g l~ prrp- .P.:-a.tl~~ ~""'1 r"':.1.ke r~~::;-,r....o?~.:~. ....'r. ......'.It..,"'l r~5;:t:lct thol'~~~ ~,1 t~l€' c.J::" ::~R.'lag~:' fent..! tt.e C~t:l Co'.. -..:. :, -:l'1-d. (d) A:3':;t ':1 :~" p'::.:-- ;' g (If 2. J"Fcre- S. ~ I': 1-' ;"c;:r~ ~-.'), fc. l' t~- -e In} :'~I~t L....~ S {J! tre C tj\ pro::-.:r!a t..:~1 st'-nJ.l:lte ]::~bJ.:c i"l- 240 R-!:.1 ter~H thert>in, and to that end, E\1Uclt to the tul:e"lt tAlent po".,:!:'\: the C:J- or eu t on of IOchooll',uthofl tl~.l t;nd oU:.t't pubhe and prl\at\! I'.;et'ci"a !;>;t:r.>:<L"d trere1n. . SECT!O:-: 1015 AIt:.f)tt Cem,J'li..:JloD. Tr.ere l':h;"ll be Ii.l1 AI::l='Jrt (.'ommis!!"n, co:"s:"'~,.!" of five mt" -~ers, w],idI 8ha!l be L.r;.r~lnt'!d by...... C"ly CoullclL 'Ihey shall be G.lahfl.~J l'll'ctor::t of thll elt)., no"'\( of "horn ';"-,!l hold any paid office or er.p)o) ....,ent In the Clt) government SECTIO~ 1016 A!'1,nrt Commb'iI(\<1 )'OIHl"ll and Du:I..... 1 t e AI:cp~rt Com. 1"> .~ em ~"all h~\'c po ~ cr ilIlJ lrtl 1"c. r;:.: If>d to (:>.J A<:t \:"\ 11.1' ad-Jl~ory cap:.'\cltj to t}'le City Cf\\lf'Clt i~ ~a m'\tt~rll J'l~rtaln- \1 g t... tl-e ~').:~'C'\?"\ J~ a"p"'l't tnd to ~."n.t'un IT ~t~tr!;l ~..n~r":IY to the t.xtent th.t they al1cct t'la C'ty. (bl Al';1TCI\e or ::L~'l.p?rove tnt' ap- prn::""lcrt of r. ~1L\"1<.] -l.l Airport DI- rector b) ~t,e City!. .P:-' ~ "r. .L!.3 a""1U "" i~en ttc CIty C..uI:C!l lJ 0\ I _, f:Jf the nllrng of Sl,;~:t r,Z.tIC;'l. f'nu (c) Co.' ,,"ler .:!.nrl r~C'om:""~:'\ 1 to the Cl:', CC!.T'c:1 I u'es n'.1 n -;. '~110n3 fOT t'" D r~ a ~d;:' -ncnt and o;;;o.:,t tt",.l of th'.l ~.[..;"'~I;LJ AIrport A~T1CLl: XI-ClVll. SEaV"!: ~r::C'i'ro:-; 110:. "5~t't I'rlnC'lrl.. Ap- p:Ji.:r"1c.:: e~j !,'o",:;_'C'l1l1 In t>;,. a:.!. M :"'I;jt!"~... e ~~'i-,~\:e c! t""e C.ty ~hAll b~ - i . .~, .'"'.-'" -" -.Plt en" f'tl"i!~3 to b~ -r;~~p:'-:'::I-~"1~ ~o uf~~ a3 prtlct~=a.ble. b,}-t CC1l "~e.::lv~ ~ , 3.:"'" ':":lU,,'i \-... 'I. ''1;\ ,I~"-4f:' h ., . .~. ~ J' - i I 171 !lFeno"\' t~rH F1 [ ~ ",' :"\t"',~'t PrQCIICl' A!: y~" ~v~5- :-.,1 .:..l. h~. t" r_~ ;..' "~pa.. -~~nlt) t~ cb. t;w. a~d h,ld e.. ;;'::} "'~-t, ..;Jll t? i1dv:l"1ce th~r'l'l r.C'll or ' "Jl:r ar. bnan; ~~?d[t~tr.t, o!'ltt'r o. ai.1~"c. In t-.~ (;'.lirter e1umeri'lt'cl or p'o"'1e-d for \' :l'')t.:~ l.!'~CW"l r:H'Oll prc'u!:lled h, Slate vr ':'<';,,11:\..... Tie 1"1,2:1' or _..s~oc It,on llnd "~Ilt'{lll All [;n~]o}"'~" oJ! th~ CIt)' ere to !:e (r!:'i! ~'om mter. ff---~1:ce :'('~":lD'1 :!1d rest"d~Jit ll:. ;...~'a:l~~ tll~"nseh-s 10~i't"~~ foT t"elr no:. l.al t:.e-efJt I' co"'ne<'!lc.n v.Jr." !l':e&T ~~1...bc e~r,"".rne't TJ1-:,v nJa\' d~5't''''~1-:'' re? .f :er'~~I\'es !.or thE-J( own ChOCsl;il:";,l l:,l":: ..er:Jc\:L.1....". (.r 1-;~J.. ~uath. !;.ev ma~, (\"t'iC ~-! t"e:r n;1~t I'.t t.~t~til)" to thY elt\: CO~:lCJI ,,~ t:J :I'~ ~'J..:J c!.I~l'r ut Cu'1lII'IS$h.ln 11.nrni J:lrl,dkC'.:11 of ~::co nUll;!,> c ,r.tC,'uri wages. hours tlT C0'1CI11,-n;; 01 ['npli>) 'Tl~nt I;,ECTIO... 1102 Chs..lhd S~rvl('" The CI/I] S"n;c!.' d I.! ell} s~r;lll ~..> (h~j,J..d Into tlJe L'"d.:;s\rl~ o1~cl t'li! Cl..5SI1.eU S~r"l1:e la' The l'lc]~-"'I"'rl Se:....lce s"all CO~im5e t"le fo'!n.,lt,l~J~ ('l~'C {!i~ dn~ pO;;'ltHlT'S 1 \!~..1~' .~ of It,e ( .t... Leu-nJ. l Cll~ \;,', Jilcr and l~e <,,,lIt.. ~t;:,[f of Ole 1"11- m[dla.~ CPL.' ~ 3 em IV Clrnty ,md tne rnlI"e l>ldfl. . Dud tf Pol'c~, & All f"I€'l1'l;:ers of BO:lrcJs and Comrmsslons: - .2n,1 Ii p('~;,onl> {:l1"plG"cd to r{-i'r!H pr'\f~s1lo!\ill. SCIC'lll:IC. 1l.C h:c:.;;.f PI" e~~c'~t l'er~Jr" or tem- poral! i1,:j ('!',kllled JoI!;or of 1m OC'cJ\lltlnl il'ld fAC~;>"(,"dl t'ln,,,<lcr, Pf 1.i\;t1t';l ll'nl::~ of erkr;;"l"cy In"O)YI.;, t~le p'\lbll.: s.~fdr .~':<.I ~o c..rlarc.-c ';) the tH; CC'''"cli. a pUoC'1" ~!1"';J\;)Yi"ll as il c:.,J t:e'tm,e ("{')rd n)'or. Dr other coor- dJ~"t.:.>t a;;;JV!rt~G tJ} rcaSJ'1 of ~uch O::IlI;or;;ellry, Ib I The C'dnIL~i "~r\1cf> slt:!'J c".n;;rn~ all vs.t:~'iS . :.l >1'!'CI~I~..Jly mrlllr!..!d. by thu sec- IW:l 1'1 Ute l'nclhslfled ServIce s. no: ~:n..;.,l ~t<t "I 1:::11 M..... Hill -" ) ~ I ( '( t tic litIS "- "tit II 11151CCS ..... 4- \t 11 ( SIc 1111 ...... ...... .. 111I1= .... _It-It ,~ SA~-rA :\fOl'TCA :m:~[CIPAL CODE ~ Sr:CTIO~ 1103 Appnnltrnt'ntll tram th., C'13....nhf'd i/l the t.:nda....jfl,ed ~n.lee. In tht' evcnt 8.n otHc['r or employc of lh" CIty holdIng a pO~Itlon In thl.' Classl- tied Scr\Jce IS appointed to a posItion in the Unrlal!llllficd Sen'lce. and should subsequently be removed thercofrom, he llhalI re\"ert to his former pOllltlon in th(' Clas~J11cU SeT"llCC Wlthout loss of any nghts or pnvlleges and upon the !lame terms and ('ondlnons as If he }lad ~maIned In sIlIJ T"O!IUon contanuously Shouf(f" such person be ehgtble for re- tirement under the retirrment system at the Urnf' of ,.uch subsequent removal. upon recomml'nuation of the C1ty Man- . agcr hI.' shall he retIred in lieu ot being restored to hiS former posItion SECTIQX 1104 C1a58lftcaUon. The Personnel Dlre-dor shall mue periOdIC studtes of thE' claSSIficatIon and gradIng flf posthons and shall lNDmlt to the City Manager for appro\ al any changes WhICh h1! dC'erns desLrable to better c:lLSSI!Y pOSItions, accordmg to simIlanty ot au- thorIty, duties a.nd responsIbilities Upon approval by the CIty ~{anager. such proposed changes shall be referred to the Personnel Board for the haldlrlg at a public hearrng thereon at WhICh officer:!! and ['mployC's af'fect"d thereby and others interested and desiring to be hea.rd shall be gwen an opportunity to do '10 TJpon apnroval by the Personnel Board thl'v '1haH be referred to the City CounCIl (flr 1Inal consJderatlon and adop- tIon SECTIO:"J 11O!i RecnlltmelU, ExamlnauoDS of applIcants for pOSItIonS In the ClaSSIfied Ser- vIce shall De practIcal and relilte to lhose matters wh.lch fairly test the relaUve capacIty of the appllcants to discharge the dUUes of the poSItIon to w!:Ilch they seeJc to be appolJlted SECTlO"! BOO Repealed by Ord , 1051 CCS adopted 4-12-77 SECTION )JD7 Pmormuce Evahudoal. A system of compulsory. penodu:. at leur ~"...~al. ly elhciency raungs shall be establill1ed by the :Personnel Director for all employees III the Classlhed ServIce, subiect \0 \he approval of the Personnel Board SpecIal ratIng forms shall be desi(lled lor such claSSIfIcations as reqwre them UI order 241 R-Si that the quail tv of performance by each person rated or the re~Ulred functions of the poSitIOns may be accurately reflected through theIr use The CIty Manager shall be required to rate all department heads and subordinate officers The department heads shall rate all officers and employees In theIr respective departments Promouons shall be on the baSIS of ascer- tamed ment. credit and senl<mty In service and examination VacanCIes shall be fdled by promotion upon competitive exammaUons un. less the appolntmg authority In particular In- slances beheves It Impractical or not In the best mterest of the pubhc servIce, and the reasons therefor are submItted to and approved by the Per50Mel Board SECTIO"; 1108 AppolDtmeDU Upon tile receipt of notIce of a vacancy In the ClaSSIfied Servl<:e the Personnel Director mall certIfy to the appolntlnK authorIty the names of the three lughest candIda tes on the elIgJble Jlst for such posllIon If less than three names are on the eltglble hst. the appoInting authority may re- quest the estabilsl1ment of a new ehKlble list No candidate may be certIfied more than three Umes for any one Class:llea posltIon When no eligible lists are avaIlable the Per- sonnel Board under such Miles and refUlations as It shall prescribe may autboTlze the appotn- lI.ng authorlt\' to make temporary appointments In the ClaSSIfIed ServIce wh.lcl1 shall remain In force until regular appointments can be made. but In no case to exceeO lllnely tOO) days In order to prevent the stoppage of pubLIc business and In order to meet extraordinary condItIons r. 11I11 ...... tyllrl .. IW.ltQ ....,.., -..., 77 SECTION 1109 Abolition of POIddon.. Layon.. Wltenever It bl!t'!omes necessary, In the opinion of the City Council. to &boll.sh a poSition 01' to nduee the num- ber o~ employes In a given class In the ClusLfted Servlce and to dischuge the employe or employes holdlnl:' suc'l pOSl6 tlon or positions, the Clt~. Council may do so by statIng In Its proceedrngs Its reasons therefor Should such pOSItion. or pOSItIons, be reInstated or any POSI- tlon, or pOSItions. involVIng substantially the '.1I11~ duties be created or filled With- In one year, the employe or employes discharged shall bl: appointed thereto An lay-olf! shall be go""C'rned by Jle- niorJty In service and shall be In the reverse orcrr of employment Re-em- ,( ( ( L . I , L ( See 1110 alDt'n:ded .t Gale'" Mu Jltc'pll Elec lion April 10. 1979 Res , SJ&3 IceS) .. (~ SANTA MONICA CHARTER plo,ment .h~~l be m the feVer8e order of the Iay~ffl SECTION 1110 SUpell8iOD, DemotloD IIDd m.aU.aJ The City Council BIld all officers havmg appomtIve authomy are vested WIth the ngbt to exeJ'ClSe the cbsclplmary and removal powet's henlmafter proVlded An employee servmg a probauonary penod in 8Jl office, position or employment, sball be IlUhJect to removal therefrom wn.hout nght of appeal An employee, other than one servIng a probatiOnary period. holdmg a posItIon ]on the ClasSIfIed Service shall be subject 11 to SDspenSlon W1thout pay for a penod of not eXC1ledmg thuty l301 days m anyone calendar year, 2) to demotIon. or removal from Ius/her poSitIOn ror nusconduct, incompetency, in- efficIency or for fauure to observe the ruIee or Jt!guIabons of the department, office or agency, or to cooperate reasonably WIth Jus/her lIupenor or fellow employeee but subject to the nght of the employee to appeal to the Personnel Board m the manner set forth herem Such employee ehall be tmtlt1ed to receIVe upon request, at the offIce of the board or officu taking such action. not later than the tenth calendar day thereafter, a wntten lltatement in which ehaII he stated separately each of the charges agamst the employee upon whIch such suspension, demotIon or removal is based, a copy of wmch statement shall be funuehed the Secretary of the Personnel Board The employee shaIl have &en calendar days after Ule receJpt of such statement of charges to file an aDBWer to IUCb charges should he or ebe desire to do 80 The BIlswer shall be filed In the office of the City Clerk and Wlth the Secretary of the Personnel Board In the IDBWer, luch Bin- ployee may request a hearmg by the Personnel Board to reVIew loch suspension, demotlon or removal whIch IlhaIl be ea1led and held 88 provIded for in the rules and regulations Hearmp may be conducted mformaIIy and the rules of evJdence need not apply The Penoll- nel Board shall make wntten findmga. COD- cluSIonl and recommendatlons wlueb .shall ate for each charge whether or not such charge iI!I flUStamed and wbetber jUBt. cau.ee Ulsts for disophne If. W1th respect to a demotwn, such Person- nel Board shall conclude that such demobon or removal was Without IUlt cauee, a recom- mendatIOn by It of reinstatement without 1088 of pay shall be bmdmg upon the appomtmg power who forthWIth ehaIl order luch rem- statement and m such event the conclUS1OB9 and recommendation of the PerIIOIIIlel Board _h.1I be final. and DO appeal may be taken 247 R-62 therefrom If the Personnel Board concludes that such demotIOn or removal wae With Juet C8Ul1e, any recommendatJon by 1t shall be advisol')" only and shaU not be bmdmg on the I appomtmg power and In such instance 8fld m l the mstance of 8 Buspenslon the deciSIon of the appointing power shaU be final and DO appel may be taken therefrom Vacancies created under t1u8 section may be filled by the appomtmg authonty by temporary appomt- ment pending the completJOrl of any proceed- ings taken hereunder A reductIon m pay shaU be a demotIon. under tms leCtlon, unless It lI!I a part of a plan to reduce saIanea and .lwages 111 connection With a general economy or curta.rlment pro- gram A f8.1lure to grant an Increase to an mdIVldual at a tUDe when Increases ate granted generally as a pm of a plan to mcrease salanes and wages throughout the City service shaU hkewlse be a demotIOn SECTION 1111 Political AcUvilJe! All employees In the Classlrled Senlee shall be sub- Ject to current sLale and !ederdlla~s r('l:uJ,lllllg political aCtIvlllE'S or saId emplo} ees I~ un .....:611 .,Orl .. low"CS U.pll4 412 n SECTION 1112 I'ruhlbilion.. No pt'r- son shall wlltuIly or corruptly make any talse statement, certificate. mark, rating or report in regard to any applIcation, test, certification. or appointment held or made under the persor.nel proV1.!llOn ot this Chuter or in any manner comnut or attem,Pt any fraud preventing the im- partial execution ot such personnel pro- ri&ona or rul,. and regulaUoJ1$ made hereuncler. Any person who by hinuelf or with others wilfully or corruptly viola tel any of the provisions of tJus ArtIcle shall be guilty of a misdemeanor and shall upon conviction thereot be punilhed by a Ane of not more than Five Hundred (S5oo 00) DoUars, Or by impnsonment for a tenn not exceelllng six months, or by both neb fine &.Dd imprisonment. Any per- aCln convicted hereunder shaJ) be inellg- ible for . period of Ave yean for em- ployment in the City Mmee and shall, jf he 1a an Dmcer or employe of the City, JmmedJately forfelt his omce or poaIUon. S!:t..-J.'.i.ON 1113, Contract for Per- fonnance of Ao"'ndnlltrative Function.. The City CouncU, upon recom.mendation of the City Manager, may contract with the governing body of any other city, or county Within thil atate, or with &I1Y ... .. ( ( ( L~ I ( -- SANTA MONICA MUNICIPAL CODE atate department or other agency fer the preparation or conducting of com. petitive examinations for posltlonlin the 243 City aervice or for the pertonnance of any other personnel amnirosuaUon .mc.. ARTICLE XII-RETIIEMENT Ir' SECTION 1200 State System. '!'he "State Employea' Retirement Act", U It now existll or !nay hereafter be amend. ed, is hereby adopted for the City of Santa MonJca, and plenary authority and power are hereby vested In lIaid City, il:.! CIty Council and Its .several omeen!, agents and employes to do and perform any act, or exerCIse any authority grant. ed, permitted, or reqUIred under the pro- VIsions of sald RetIrement Act, to enable said City to become or continue .. a eontracting City participating in the State Employes' Retirement System; provided, however, that the City Council may tenninate any contract entered into with the Board of Administration of the State Employee' Retirement System only under authonty granted by ordinance adopted by a majority vote of the elec- tors of the City of Santa Momca, voting on IIUch proposition at an election at - wtuch such proposal Js presented ARTICLE XJII-GENfRAL PROVISIONS RElATING" TO OFFICERS AND EMPLOYES SECTION 1300 Official Bond.. The City CounCIl shall fix by ordmance the amounts and terms of the cfflclal bonds of all oiflcials or employes who are re- qwred by this Charter or by ordmance to give such bonds An bonds shall be approved as to form by the elt;:, .l\.ttor- ney. and, Wlth the exception vf thf' bOI'd of the CIty Controller, shall be filt'd wltl1 the city Controller The Controller's bond shall be tlled with the Clty Clerk Premiums on ol!icial bonc1s shall M paid by the Clty. In all cases wherein an emplo\'e cf the CIty is required to furnish a fli.lth:ul performance bond, there shan bp no per- lonal liablhty upon, or any right tl) recover against. hIS superior officer or other officer or employe, or the bond ot the latter, unlellS such lIuperlOr otftecr, or other odieer or employe fl a party to, or has conspired in, the wrongful act caUSlllg d1recUy or inchrecLly !luch Ion SECTION 1301 Oath of Cffl~". Each member of the City Counell, of cvery board and commlssion and eli.ch oiflc:: provided for in this Charter before en. tering upon the dll;cRarge of the duties of his office, aba1l take. subs(.ri~ to and f1ie WIth the CIty Clerk t.~e following oath OT affirmation "I do soJemnly swear (or affirm, as the case may be) Ulat I WIU support the ConstltuUon of the Umted States and the C<mstitutlon of the State of Call- fomla, and that I wlll faithfully dis- charge the dulles of the oftke of (here Jnsertmg name of ottic~) according to the best o! my ab~Uty" SECTION 1302 mega} Contr.u-t. FI- nllllc:laIIDtere5t. No member of the City .... CounCIl _hall be llnanclally Interested. d~lt:CUy or indirectly, in any contract, sale or transaction to whIch the City is a party and neither shall any City official or employe be interested in any contract, lIale or transaction to which the C.ty ill a party and which comes befo. e sald officlll.l or employe, or the dep~rtmrnt of the City with which he J. connected, for offiCIal action Any auc.'1 contract or transaction In which theN shall be such a.n inteNllt 6hall b~come void at the election of the City, ...nen 10 declared by resolution of the CIty council. No member of the City Council, City aBiCIBI OT emptoye shatt be deemed to be lIi'lanclally interested, Within the meaning of the foregoing proVISIOnJ, in al\1 ccntract made With a corporation by rU$On of the ownership of stock in .uch corporation unJess said stock owned by him .hall amount to at leut three (3<Jd per cent of all the atock of aucl1 corporation luued and outstanding. No Clty Councilman or member of any board or commluion lIhall vote on or partici- pate In any contract or transaction in which he i.s directly or Jndirectly finan- cially interested whether as a atock- holder of the corporatlon or otherwise If any officer of the City, during the term for whIch he waa elect~c1 or ap- pomted, .hall so vete or participate. or shaU be dnr.n<:ia.lly Inte~sted u afore- saId, upon cOlaiction thereof, he shall forfeIt hIS office SECTION 1303 Duties of Oftlcen ~II Emplove&. The Oty CounCil br ordi- nance' mny aalgn additional functions or duUe. to oflicell, departments or agen. cies eltabliihcQ by tha Charter, but }( ( ..1- ~ ( \ , (' (. c I .' . See 1400 "'........ Ol S....1aI lit_pal Doft..... ..~ R. uanccs Ad",,'f1l ..u.a.. SANTA MONICA CHARTER may not dtllcontinue or assign to any other office, department or agem.y any tunctlon or duty assigned by this Char- tet' to a particular nffice. department or agency SECTION 1304. Admlnisurlng Oaths. Each department head and his deputies shall have the power to administer oaths end affirmahons In connection with any OfflelDl business pertaining to his de- partment 244 R-15 SECTION 130:5 Department Head.. Appointment Powe.... Each department head shall have the power to appoint and remove 8Uch deputies, lUlslstanu, Bub- ordinates and employee as are provided for by the City Council for his depart- ment upon the following conditions. ea) Subject to the ciVil service provi- sions of this Charter and the rules and regulations promulgated hereunder, and (b) Subject to approval of the City Manager being first had and received ARTICLE XIV-ELECTIONS SECTION 1400 General Mwelpa] Elee- dOD. General MUniCipal Elections for the fill. IIlg of electIVe office shall be held in saJd City on the ftrst Tue5day after the first Monday of November in each even numbered year com. mencmg WIth the year 1984 For those elected officers whose terms are scheduled to expll'e in Apn11985. those terms shall expll'e in November 1984 For those elected officers whose terms are scheduled to expire In Apnl 1987, those termll shall expire in November 1986 The elections to rill SlUd omce~ shall be held on the election days establtshed pursuantto thIS Article The terms of the omcenl elected m November of \!\Ien numbered years shall begrn on the Ilrst Tuesday folloWlllg thell' electtons The provisions of thIS Section shall take effect and control over any other prOVISions of thIS Charter m confbct WIth this Section SECTION 1401 Special ltlunicfpal Eleetlons. All other municipal elections that may be held by authority of this Charter, or of any law, lIhall be known aa special munICipal elections SECTION 1402 Fint Election Under Charter. A special municipal election shan be held for the electron of the first members of the C.ty Council under thiS Chatter and for five members of the Board of Education, on the tenth Tul"S- day follOWIng the appro,'al of thIS Char- ter by the Legulla ture SECTIO~ 1403 Procedure tor Hold- Ing Electlon8. Unless otherwise provided by ordmance, hereafter enacted, all elec- trons shall be held in accordance with the provlslons of the ElectIOns Code of the Stale of California, as the !lame now eXIst or may hereafter be amended, for the holdmg of elections In CIties of the SIxth class lnsofar as the same are not in contlict WIth thIS Charter SECTION HOt Initiative, Referendum and Recall. Unless otherwtse proVided by ordinance, hereafter enacted. the pro- Visions of the ElectJons Code of the State of California as the same now exist or may hereafter be amended, govern- ing the initiative. referendum and the recall of municipa.l officers, shall apply to use thereof In the City Insofar all JlUch proviluonll of the ElecUons Code are not in conflict WIth this Charter ARTICLE XV-FISCAL ADMINISTRATION SECTION 11500 Fi~al Year. The fis- cal year of the City government shall begm on the first day of July of each year and end on he thIrtieth day of June of the following year SECTION 1501 Ta" System. Unless otherwise provided by ordinance. the city shall continue to use, tor the pur- pose of ad valorem municipal taxation. the county lIystem of assessment and tax collection, as such system is now in effect or may hereafter be amended and insofar as such provisions are not In contlict With this Charter If the CIty Council fails to tlx the rate and levy taxes on or before August 31. in any year. the rate for the next precedIng fiscal ~ear shall thereupon be automatically adopted and a tax at such rate sho.ll be deemed to have been levted on all taxable propert~. In the City lor the current fls<.al year SECTION 1502 Annual )Judget. Preparation by City Manager. At such date as he shall determine, the City Manager, or an offtcer designated by him, shall obtain from each department head estimates ot revenue and expendi- tures for hiS department. detailed in such manner as may be prescribed by the City Man.ger In preparing the proposed budget, the City Manager shall revIew the estimates, ehall hold conferences thereon with the department heads, re- spectively. and may revise the estimate. as he may deem adVisable -~.. r~_{ ) c I ( ( ( (' ( .- . ~A MONICA CHARTER 244-A R-76 SECTION 1503 Budget. Subml.alon to City Council. At least thirty-five day!! prior to the beginning of each filK!al year, the City Manager shall submit to the City CouncIl the proposed bud~t as prepared by him After reviewing same and making such revisions as it may deem advlsable, the City Council shall determine the time for the holding of a public heanng thereon and Ilhall cause to be published a notice thereof not less than ten days prior to said hearing, by at lea5t one msertlon In the offiCial newspaper J ..... ~.... ( ( I ( (/ ( .- !3ANTA MONICA J.ruNICIPAL CODE ~ Copies of the proposed budget shall be available for inspectron by the public in the office of the CIty Clerk at least ten days prIor to said hearIng SECTION Hi04 Budget. Public Hear- mg. At the time so advertIsed, or .at any tfQ1e to which such pUblic hearing shall from time to time be adjourned the City Council shall hold a public hearing on the proposed budget, at which - interested persons deslrmg to be heard shall be g'lVen an opportunity to do so SECTION 1505 Budget. Further Con- sideration and Adoption After the con- clusion of the public hearmg, the City Council shall further consIder the pro- posed budget and make any revisIonS thereof that It may deem adVIsable, and on or before .rune 30 it shall adopt the budget WIth re\islons. if any, by the affirmatIve votes of at least four mem- bers Upon final adoptIon, the budget shall be lJ1 effect for the enSUIng fiscal year A copy thereof, certrfied to by the City Clerk, shall be filed WIth the City Controller and a further copy shall be placed, and shall remaIn on file. in the office of the City Clerk where it shall be avaIlable for Inspection The budget so certified shall be reproduced and caples made available for the use of all officers, departments and agenCIes of the City and ciVIC orgamzatlons SECTION 1506 Budget Appropria- tions. From the effective date of the budget, the several amounts stated therein as proposed expendI tures Shall be and become appropriated to the sev- eral offices, departments or agencIes for the respectn'e objects and purposes therein specified All appropriatIOns shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered At any meeting after the adoption of the budget, the City CounCIl may amend or supplement the budget by mo- tion adopted by the affirmatl"e votes of at ]ell8t five members so as to authOllU the transfer of unused balances appro- pria ted for one purpose to another pur- pose, or to approprIate avallable reve- nues not included an tlte budget SECTIO:-; 1507 Centralized Purchas- Ing. Under the control and dIrectIon of the City Manager there shall be estab. lished a centralIzed purchasing system for all cIty departments and agenCIes The CIty Manager shall recommend and the City Councll shall conSider and adopt by ordinance, rules and regulations gov. erning the contracting for, purchasang, stoting and dIstribution of all supplIes, materials and equipment required by any office, department or agency of the CIty government 24:'; The Purcha81ng Agent shall have power and shall be reqUIred to' (a) Establish an d enforce specifica- tIons WIth respect to supplies, matenalJJ, and equipment reqUired by the CIty gov- ernment, (b l Supervise the inspection of all de- liveries and determine conformance WIth specific a lions, (cl Have charge of such general store- rooms and warehouses as are established by the City Council. and (dl Sell or transfer to or between of- fices, departments or agencies, surplus, obsolete, or unused supplIes, matenals or eqUIpment SECTION 1508 Competith e Bidding Before makmg any purchase of, or con- tract for, supplies, materIals or equIp- ment, the purchaSIng agent shall give ample opportunity for' competItIve bId- dIng, under such roles and regulatIons and WIth such exceptIons as the City Council may prescnbe by ordl'1&nce SECTION 1509 Cash Basis Fund. The CIty Council shall mamtam a re\'olvmg fund, to be known as the "Cash BaSIS Fund", for the purpose of placmg the payment of the running expenses of the eltv on a cash baSIS A suffiCIent reserve shail be bUilt up In thIS fund from any available sources WIth which to meet all la.....ful demands agamst the CIty for the first five months, or other necessary perIOd, of the succeedIng fiscal year prior to the recelpt of ad valorem tax reve. nues Transfers may be made by the CIty CounCIl from such fund to any other fund or funds of such sum or sums as may be reqUIred for the purpose of placmg such funds, as nearly as pOSSIble, on a cash basis All moneys so transferred from the Cash Basis Fund shall be returned there- to before the end of the fiscal year SECTION 11510 Public Senlee De- partments Depl'ffiatfon Funds. The City Councll shall annually set aside from the income derived from its revenue producing public utilities, as a separate depreCiation fund for each of said public Utllitles, a sum which, accordIng to the estJmate of the CIty Manager. and ap- proved by the Clty CounCIl. shall be suf- ficient to meet the normal depreCiation in saId public utIlIty Such depreCIation funds shall be used only for the replace- ment, betterment and extenSIon of the plants and eqUIpment of Bald publIc utIl- itlea, respectIvely SECTIO~ 1511 Capital OuUa:1'1l Fund. A fund for capItal outlays, generally, is hereby'(!reated, to be known as the "Cap- ital Outlays Fund" The City Council by ordrnance may create a speclal fund -Il, ( (' t ( <.. I SANTA MONICA MUNICIPAL CODE . or funds for a special capital outlay pur- pose The City Council may levy and collect taxes for capital ouUays and may include in the annual talC levy a levy for such purposes in which eVl!nt it must apportIon and appropnate to' any SUCh-fund or funds the moneys derived from such levy It may not, In makIng such levy, exceed the maXImum tax rate pro\1ded for in thIS Charter, unless au. thorized by the affinnabve votes ot a majority of the electors voting or. the proposItion at any election at which such question Is submItted The City Council may transfer to any such fund any unencumbered surplus funds re- maInIng on hand in the CIty at any bOle Once cTeated, such fund shall remain invJolate 'for the purposes for which It was cTeated, it, for capItal outlaYll, gen- erally, then fOT any such pUTposes and if for a special capItal outlay, then for such purpose only, unless the assent of the voters IS expTessed to the use ot such fund for some other pUTpose by majorIty 'ote of the electors \'otrng In favor thereof at a geneTal or speclal electlOn at whIch such propoSItIon IS submItted SECTIOX 1512 Departmo!Dtal Trust Fund The CIty CounCIl may prt'!'cnhc by ordu"ance for the settiilg un pf a Treasurer's Departmental Trust F':-ct In to whkh the collectIons of th(' ,., 1hc > departll"ent, Hcense collector, building officer, ete, may be deposited oy the re- spective officers at frequent lntervals dUrIng each month, with ad\ Ice of each depoSIt being tUTnillhed to the Cltv Treasurer Withdrawals from such fu:-d may l:oe made by the CIty TreaSurer only on 01 der SIgned by the proper depart- ment head and for the followmg pur- poses only: (al The makIng of refund ot ball which has been exonerated or of other refundable depOSIts, revol\'lng fw;d ad- vances authonzed by the CIty CouncU, or for the correction of clerIcal 01' mIn- JsterIal errors in the receipt of payments to the CIty, and _ (b) The making 01 settJementa with Oty funds at the end of each calendar month for collections accumulated dur- ing the month SECTION 1513 Presentation of De- mands. All demands against the City for WhICh appropriations have been made, before bemg p&ld, S"::-ll be prc- Jlented to and approved by the Clt;\' Ala."- agel'. Demands for whlch no approp"Ia- tions have been made shall be pres"!ltcd to the City Council for t..pprovat .\.ny person dIssatisfied Wlth the refusal of the CIty Manager to apprOVe an' dc- ~ 2f6 mand, in whole or in P:Ul. may present the same to the City CounCIl, whIch, after examining into the matter, may approve or dIsapprove the demand, 1n whole or 1n part Petty Cash Fundll. The City Council may proVIde for revolving petty cash funds to be plud to the City Manager or department beads and used for pay- ment in clulh of expenditures prOVided fOT in the budgets. that cannot con- veniently be paid othennse The CIty Manager, or such depaTtment heads. shall account to the City CounCIl for all disbursements made therefrom when makIng demand for Teplenishment of the same and at such other tImes as the Council may reqUIre and the amounts shall thereupon be charged against the proper appropnatlons SECTlO:-: 1514 \tarrants on Treas- ury_ All demands. after prE'sentatlon and approval, f;lIall be transmItted to the City Controller \\ ho shall examme the same, and If the amount thereof 1s lej;ally due and there remains on his books 1''1 unexhausted balance or an ap- propriatIon against whIch the same may be charged, he Shall approve such de- mand and draw hIS ....arrant on the City Tr(':lSUrH therefor. pa;\able out of the pTcper fund ObjectIons of the Con- troller may be overruled by the City CounCil and the warrant ordered drawn Sucoh warrants when presented to the Treasurer, shall be paid by hIm out of the fund deSIgnated, if there be .suf- fiCIent money In the fund fOT that pur- pose A warrant not paid for lack of funds shall be registered. and all Teg- istered \\ arrants shall be paid in the order of their regrstratlon when funds theTefor are avaIlable The Controller ahall draw his war- rants faT payment of muniCIpal or other bonds, payable out Of funds in the Treas- ury, Upon presentation and surrender of the propcr bonds or coupons, without further approval of any body or officer. SECTIOX Hi1:! Actions Against City. No suit shall be brought on any claIm tor money 01' damages agaInst the City or any board or commiSSIon thereof untIl a demand for the same has been pre- sented as hereIn proVIded and rejected in whole OT in part It rejected In part, suit may be brought to recover the whole. Except In those cases where a shor+er t!me Is otherwise provided by law, all cl&ims tor damages against the CIl; must be presented withIn IIX (6) mC''1U1s after the occurrence, event or trarsaction from which the damages allL~edJ~. arose, and all other claims or demands shall be prelented within &Ix -,.. < ( ( (' ( I SANTA MONICA MUNICIPAL CODE ~ (6) months after the last Jtem ot the account or cla1m accrued Every claim for money or damages agamst the Oty or any board or com- misSlon thereof shaD be filed with the City Clerk, who 15hall thereupon pres4!nt the same to the City Councll, oftlcer, board or commission authonzed by this Charter to incur or pay the elCpenditure or alleged indebtedness or ltabIlIty repre. . aented thereby In all cases such claims shan be approved or rejected in writing a.nd the dale thereof given Failure lo act upon any chum or demand Within sixty (60) days from the date the same is tiled WIth the City Clerk. shalJ be deemed a. re]ectlon thereof SECTION 1516 Independellt Audit, 247 The CIty CounCIl shall employ, at the beginnmg of each fiscal yeu, a qualified accountant who, from time to bme, shall eX8.IJnne the books, recordS, inventories and reports of all ofiicers and employes who receive., handle or disburse public funds and of such other officers, em- ployes or deplLrtments as the City Coun- cll may direct. At the end of the year, a tinal audit and report shall be sub- mitted by such accountant to the City CounCIl, one copy thereof to be distrIb- uted to each member, one to the City Manager. CIty Controller and City At- torney, respectIvely, and three addItional copies to be placed on file in the office of the Dty Clerk where they may be &Y3:11able 101' inspeCl.1on by the general publ1c ARTICLE XVI-fRANCHISES SECTION 1600 Grantmg of Franchlsefi. The CIty CoullcII is empowered to grant by ordmance a franchIse to any person, tlrm or corporaUQn. whether opera.tmg under an existrng franchIse or not, to furnish the Crty and its mhabltants with transportation, commUDlcatlon, termInal faCIlitIes, water, light, heat, power, re- fngeration, storage or any other publIC utIlI ty or servIce, and to use the publ1c streets, ways, alleys and places. as the same now 'Or JJlay hereafter exist, for the constructIon and operatIOn of plants. works. or eq1Jllpment, necessary or con. vernent for the furnishing thereof, or necessary or convement for traversing any portion of the City for the trans- mltung or conveYIng of any service else- where The City CounCIl may prescnbe the terms and condItIOns of any such grant It may also provide, by proce- dural ordmance, the method of proce- dure and addibonal terms and condluons for makmg soch grants, subject to the proVIsions of this Charter, SECTION 1601 Resolution of Inten- tion. Notice and PubUe Hearing. Before granting any franchise, the CIty Council shall pass a resolution declanng itll in- tention to grant the orne, stating the name of the proposed grantee, the char- acter of the tranduse and the termS and condItions upon which it is proposed to be panted Such resolution shall fix and set forth the day, hour and place when e.nd wMre any persons having any in- terest therein or any objectIon to the granting thereof may appear before the CIty Council and be heard thereon It shall direct the CIty Clerk to publ1sh said resolution at least once wlthin fif- teen (1:S) days of the passage thereof, in the otliclaI ne\\'spaper The tIme fixed J for such he-al'mg shall not be lells than twenty (20) nor more than sibey (60) days after the passage of said resolution At the time set 101' the hearing, the City Council shall proceed to hear and pass upon all protesta and Its declslon thereon shall be final and conclusive Thereafter, it may grant, or deny, the franchIse, subject to the rIght of refer- endum of the people SECTION 1602 Term of Franchise. Every franchise shall state the term for whIch it is granted, which, unless l1 be indetermina te as proVlded for herein, shall not exceed twenty (20) years. A franchise grant may be indeterrm- nate, that is to say, it may prOVIde that It shall endure in fun force and effect UlIttl the same, WIth the consent of the Railroad CommIssion of the State of Califorll1a, shall be voluntarIly surren- dered or a.bandoned by Its possessor, or untIl the State of Calffornia, or some municlpal or pubbc corporatIon. there- unto duly authotlzed by law, shall pur- chase by voluntary agreement or shan condemn and take, undl!!r the power of eminent domain, all property actually used and ~ful in the exercIse of such franchise and SItuate wlthm the tern- torlal limits of the State, mUnicipal or pubhc corporation purchasing or con- demning such property, or until the franchIse shall be forfeIted for noncom- pliance with its terms by the possessor ther~f SECTION 1603 Grant to be In Lieu of all other Franc1Uses. AJIy franchise granted by the Clty with respect to any gwen utiUty 1lEJ'Vlce shall be in lieu of all other franchises, rights 01' pn\"lleges owned by the grantee, or by any sue. --or -....4. I ( ( ( ( ( .- SA1'.'T A 1>tOr-:ICA },!UNICIP AL CODE . cessor of the grantee to any rIghts under Buch franchIse, for the renderIng of such utIlIty service withIn the limits of the City as they now or may hereafter exist, except any franchise derived under See. . tion 19 of Article XI of the COlUltItutlon 01 CalIforma as said section e:\.lsted pnor to the amendment thereof adopted Octo. ber 10. 1911 The acceptance of any franchise hereunder shall operate as an abandonment of all such franchu ea, nghts and privileges Within the limIts of the City as such lImlu shall at any time exist, In lieu of which such fran- . chise shall be granted Any franchIse granted hereunder shall not become effectIve until wTltten ac- ceptance thereof shall have been tiled by the grantee thereof WIth the CIty Clerk Such acceptance shall be filed WIthIn ten (10) clays after the adoptIon of the ordmance grantIng the franchISe and when so filed, such acceptance shall constrtute a contInUIng agreement of IU ch gran tee that if and \1\ hen the CI ty shall thereafter annex, or consolidate with, addItIOnal terntory, any and all franchises, rIghts and prl\'Ileges owned by the grantee thereIn, except a fran. chlse derived under saId constItutIOnal proviSion, shall likeWise be deemed to be abandoned \1\ Ilhln the 11m I ts of such territory SECTION 1604 Eminent DomaIn :-'-0 franchise grant shall in an~ wa\' or to any extent Impair or a.ffect thc right of the City to acquire the property of t~le grantee thereof either by purchase or through the exercise of the rIght of emI- nent domaIn, and nothIng herem con- tamed shall be construed to cc" tract a\\ay or to modify or to abnc!gc clther for a term or 1n perpetUIty the City's rIght of eminent domain With respect to any publIc utilIty Every frant.hise grant shall reserve to the CIty the right to purchase the property of suc"r utility eIther at an agreed price or a price to be determmed in a manner to be pre. scribed m the grant, or in the procedural ordInance hereinabove mentIoned In tix- ing the prIce to be plUd by the City for any utility, no allowance shall be made 2~e for franctuse value (other than the ac. tual amount paid to the City at the time of the franchise aeqwsIUon), good \\ Ill, gOing concern, earnIng power, In. creased cost of reproduction, Jleverance damage, or Inereased value of nght of way SECTION 1605 Duties of Grantee. By Its acceptance of any franchise here- undEr. the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions im- posed in the grant or by procedural or. dmance, and shall further agree to: (a) Comply WIth all lawful ordInances, rules and regulatIons theretofore or thereafter adopted by the CIty Council In the exercise of its polIce power, gov- ernIng the constructIon, maintenance and operation of Its plants, works or equIpment. J lb, Pay to the CIty on demand the cost of all repaIrs to publIc property made necessary by any of the operations of the grantee under such franchise, (e) Indemnrfy and hold harmless the CIty and its officers from any and all liablhty for damages proxImately result- ing from any operatIons under such franchIse, (d) Remove and r!!locate without ex- pense to the City any faCIlItIes installed, used and mamtalned under the franChIse It and when made necessary by any lawful change of grade, alignment or WIdth of any public street, way, alley Dr piace, includmg the construction of any subway or viaduct, and {el Pay to the CIty during the life of the franchIse. a percentage, to be speci- fied In the grant, of the gross annual receIpts of the granteE' wlthm the lImits of the City, or such other compensation as the City Council may prescribe In the grant, SECTION ]606 Eur('lslug RIghts \\lthout Franchise. The exercise by any person, firm or corporatlQn of any pnv- Hege for which a franchise Is reqUIred, without procunng such franchise. shall be a misdemeanor and each day that such condItion continut'S to exist shall constItute a separate violation. ARTICLE XVII-MISCEUANEOUS SECTION ]700 Definitions. Unless the proVISion or the context otherwIse re. quirell, as used in this Charter, (a) "Shall" IS mandatory, and "may" Js permissive SECTION 1701 Vlol&t1on~. The \'lola- tion of any provision of thiS Charter shall be deemed a misdemeanor and be punIshable upon conViction by a fine cf not exceedIng FIve Hundred ($500 00) Dollars or by imprisonment for a term of not exceeding six months or by both such firle and imprisonment SECTION 1702 Validity. If any pro- ViSIOn ot tillS Charter, or the applIcation thereof to any person or circumstance ta ht'ld tnvahd, the remainder of the Char- ter, and the application of such proVision to other persons or circumstancel!, shall not be a1fected thereby ( ( l '" ~ L ( ( """.- Aae~ .1 c-..l Mu ....... ~ 10< U._. Nga -"1* ""94.)((. .. .. ( """ 1111 A...-adN .. c-.IM... ....... fJoe 11011- 11I0- ..... '-1* .. 6M)("(", SANTA MONICA CHARTER 241:11 R 76 ARTICLE XVIII -KENT CONTROL LAW SECffON 1800 StatementofParpoee. A growJnI( shortage of houSlnR Units tesultrng In a low vacancy rate and rapidly rising rents ex- pfolting this shortage consUtute a serious hOUSing problem affecting the iNes of a lub- stantial portion of those Santa Monica residents who reside In residential housmg. In addition, speculatIon m the purchllSe and sale of eXlStUlR resIdential housing units re'lults in lurther rent Increases These condition ~ endanl{er the public health and welfare of Santa MonICa tenants, e~peclally the poor, mmorJUf''l, students, young famIlies, and semor Cltlzen~ 1 he pu rpose ofthill ArtIcle, therefore, is to alleviate the hardship caused by thiS serious houbmg shortage by estabh'lhmll a Rent Control Buard empowered to regulate I"entals m the City of Santa Momca so that I"ents will not be mcrea.'>E'd unreasonably and so that landlords will receIVe no mOl"e than a faIT return In order to accomplIsh thIS pUl"pose, thIS Arucle pruVldes for an elf.'Cted Rent Contl"Ol Board to ensure that rents are at a fall' level by requtrmg landlords tOJustrfy any rents In excess of the rents In elTect one year prIOr to the adoptIon of th IS Article Tenants may seek rent red uctlons from the rent In effect one year prior to the adoptIOn of thas Article by establlshmg that those rents are exce!llllVe fn additIOn to Rlvmg tenanUl an opportunity to con lest any rent Increase, thIS Article attempl.!l to pl"OVlde reasonable pl"Otection to tenants by controlling removal of controlled rental units from the hOUSIng market and by requlnngJust caulIe for any eviction from a controlled rentlll unit Through thIS ArtICle, the City exercl8ell Its polIce power in order to address the serious hOUSing problem recognIZed in the original enactment ofthlS Rent Control Law in 1979 and still existmsln 1984 The 19S4 Amendment to the Rent Control Law as intended to clarity the faw and enllure that the Rent Contl"Of Board po8lIIes5eS adequate and Independent authority to carry out Its duties [t is Intended to ensure due process of law for fandlnrds and tenants, effective remedies 101" violation of the faw, and consIStency WIth constitutional requirements. It is also Intended to enable the Board to provide relief to persons facll1l particular hal"dship and to prote<:t and II1Cl"ease the supply of aft'ordable housmg In the City Termination or erDSJon of the protections of th1S Article would have senous dlllruptlVe consequences for persons in need of pl"Ot~tJon and the supply of affordable housing In the City SECJ'fON lSOI Def'lDldOIUl. The following words or phrases as used In thIS Article shall have the followlns meanings (a) Board. The term "Board" I"efers to the elected Rent Control Board establIShed by this ArtICle (b) eommlMlonen The membel"!l of the Board and Intertrn Boal"d are denommated Comml!llllOnel'll (c) Controlled Rental Unl.. All I"esi- dentJaf rental units in the City of Santa MoniCa, including mobile homes, and mobIle home spaces, and tra1lel'S and naIler spaces, except smgle family homes to the extent pl"OVIded fOI" in Section 1815 and those units found by the Board to be exempt undel" one or more of the followlhg proVISions (I) Rental UnIts In hutels, motels, Inns, tounst homes and I"OQmlng and boarding hou!lI!lI which are I"ented pnmanly to tl"anSlent guests for a penod of less than founeen (14) daY'" (2) Rental unIts In any hospItal, convent, monllStery, extended medical care faCIlity, asylum, non-profit home lor the aged, or dormitory owned and operated by an InsUtutlon of htghel" education (3) Rental UnIts which a government umt, agency or authority owns, operates, manalles, or In which governmentally subSidIZed tenants res.de on Iy If applicable Federal or State law or admmllltratNe regulation specially exempt such UnIts fl"Om mUnIcipal rent control (4) Rental umlS In owner-occupIed dwelllnWl WIth no mOl"e than three (3) unl~ FOI" purpo~es of thas section (I) The term .owner' means a natural person who owns a Ufty (50) percent oWflership 1nLel"est In the bulldmg and reSides on the pl"Operty as his or hel" prmclpal place of residence (it) An exemption under thIS Section shllll expire by operation of law when the owner ceases to leslde on the pl"Opertyas h1!i or her pnncipn place of residence, thereafter,all units on the propeny shall be subject to all pro\ll!llOns of this Article (Ii) Rental Units and dwellings constl"ucted after the adoption ofthas Article, thIS exemption does not apply to units cl"eated as a result of COnversIon &lI opposed to new construction (6) Where a unit Is KlUa1f;y uaed for pul"pOlleS ofprovtdlng, on a nonprofit bub, chUd care or other residential soclalllel"Vica In accordance with applic8ble laws This exemptIOn shall expIre when the use upon Which exemption is based ceasea This enmption shall only apply to units u they become vacant and shall only operate to aUow the specified use Without the necessity of Obtailllng a removal permit under this ArtiCle This exemption shan not be construed to authorize Ule evictIon of any tenant nor to authorize the chargmg of rent In ellcess of that permitted undel" this Article The Board may adopt regulations to detel"mme whether a umt qualJnes for an ellemptlon under this Section (7) Exemptions are not automatic but shall be lVanted by the Board upon application by -~ ~ ~ ( ( ( ( ( l ( ~ANTA MO"fICA CHARTER .. tile owner pursuant to Board rules, provided that if the Board does not act upon a completed applicatwn for el:emptIon within ninety (90) days of ItlI filing It shall be deemed applllVed (d) Bo..tlll 8e1'Yl~e. HOUSIng services Include, but are not limited to repairs, maintenance, paintIng, pJ'OVldlllg bgJlt, hot and cold water, elevator servICe, window shades and sereenl, Itorlllle, kitchen, bath and laundry facilities and prMleges, janitor servlCes, refuse removal, fumlShmgs, telephone, parking, and any other benefit, prMlege or facl.bty connected wlrh the use or occupancy of any rental unit ServICes to a rental umt shall mclude a pro- portionate part ofservlces provided to common faclliues of the bullding in which the rental unit IS contamed (e) 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 ohhe foregomg (0 hDt. All perIOdIC payments and all nonmonetary conslderauon includmg but not lImited to, the flUl' marlcet value of goods or selVltes rendered to or for the benefit of the landlord under an agreement concermng the u~e or occupancy of a rental Unit and premISes includmg all payment and conSIderation demanded or p&ld for parking, pets, furniture, subletting and secullty depoSits Cor damages and cleanmg. (g) Bental Hooslng A,reement An agreement, oral, wntten or unplled, between a landlord 8I1d tenant for use or occupancy of a rental Unit and for housing services (h) Rental Umb. Anybulidll1g, structure, or part thereof, or J.nd appurtenant thereto, or any other rental property rented or oITered for rent for living or dwelhng house units, together With ali housmg services connected WIth U8e or occupancy of such property such all common areall and recreational Cacilitles held out for use by the tenant (I) Tel\U\t. A tenant, subtenant, lessee, :sublessee or any other person entitled under the terms of a rental housing agreement to the u,e or occu pancy of any rental unit. (J) BeeoInbed TelWrt 0rpnIad0a. Ally group of tenants reSiding in controlled rental unIts In thesarne buildIng or In difl'erentbulldinp operated by the same management company, agent or landlord, who requests to be so desJgl\ated (Ie) BeotCfom,,! RentceliIngreferstothe limIt on the maximum allowable rent which a landlord may charge on lIJIy controUed rental Unit (I) Bue Bent CelUnl. The maximum allowable rent established In Section 1804{b) (m) Proprrt)'. All rental Units un a parcel or lot or contiguous parcels or contIguous Iota under common ownership 248-2 R-76 (n) Slnale Family Home. A property that hllll been developed WIth only one one.famlly dwelling and any lawful accessory structures, or a lawfully created condommlUm, stock 00- operatM! or similar UnIt that IS part of a larger residential structure or complex, excepting those condommiums. stock cooperauves, or sunllar units converted after April 1 0, 1979 for which no removal permit or vested nghr determination hlL!l been issued by the Board, and those created pursuant to ArtIcle XX of this Charter SECTION 1802 Intelrity and AOWDolD)' of Board. The Rent Control Board shall be an Integral part of the government of the CIty, but shall exercISe Its powers and dutIes under thIS Article independent of and Without mterference from the CIty Council, City Manager, and City Attorney WIth respect to the IIIternal organ. izatIon and aff&ll'll of the Board (a) BlIdget. The Board shall, pnor to July I of each yeu, hold a publIc hearIng on a proposed budget and adopt an annual budget Cor the ensuing fiscal year At least thirty-rIVe (35) days prIOr to the begmning of each rl!lCal year, the Board's admInIStrator shail submIt to the Board the proposed budget as prepared by him or her After reViewing the same and makmg such revt!lIOns 85 It may deem adVISable, the Boud shall determme the tune for the holding of a public heumg thereon and shall cause to be publIshed a notice thereof not 1_ than ten (10) days pnor to said hearmg, by at least one InSertIon in the offiCial newspaper Copies of the proposed budget shall be av&J!able for IllspectJon by the public m the office of the Board at lellllt ten (10) days prIor to said hearIng The City Councll and the City Manager shall have no authority to ovenee, SUpervISe, or approve thIS budget Upon final adoptIon, the budget shall be in eITect for the ensuing fiscal year and the amounts stated therem shall be and become appropriated by the Baud for the respective obJectl and purposes therein specified At any meeting &ner the adoption of the budget, the Board may amend or supple- ment the budget by the affU'mative votes of at leallt three (3) members Copies of the adopted budget and any amendments or supplemenlll .hall be flied with the City Clerk, Clty Controller, and City Manager N~essary adJustmentll to City adminIStrative procedures shall be made (b) PenolllleL Except for the elected or appolllted Commissioners, the AdminIStrator, and attomeys employed to represent or adVl!le the Board, aU employees of the Board are Wlthm the classified Civil Service of the City The Board lJhall appoint an AdminIStrator to admmister and supervise the exercISe of Its powers and duties who lIhall be dllectly responslble W the BolU'd All employees of the Board. except the Admlnistrator and attorneys, shall be hired, tenninated, suspended, and demoted In &C- Sot IIll 4_ Cnonl~ IIidpoI (Jo tlD.~ P. _6,1 11..1143I ~ - .. ,.. ( ( { ( ( c c I ~ !oK IlIl A__.' c-.I'lof... MrIpoIIlo<- II.., No _"19M a.. 6NlCCS SANTA MONICA CHARTER rordance with th~ prOVISions of ArtIcle XI oethe Charter and unplementrng provisIOns of the MUGJclpal Code The Board shall cllLllslfy employee positions, establish employee salaries and benefits, evaluate the perfonnance of ItlI employees, and be responsible fouhe layoff and recall of its employees, pursuant to regulatlol\S and procedures that it establJshes The Board may enter Ulto and approve a Memorandum of Understandmg With representatIVeS of Its. em- ployees concern mg the1/" wages, benefits. hours of work, and terms and COndItIons of employ- ment in accordarlce WIth State law The City Councll shall ha\'~ no power to abolJsh poSitIOns established or c18ll8wed by the Board under thIS Article, notwlthstandmg any other section of th1S Charter PrO~'lSlons of the MunICIpal Code and other ordmances or resolutIonJl of the City CfJuncIl shall not hnllt th,' Board s puwer to adopt rCl(ulatlon\ and pohcles and to approve \1emor,mdum\ oft nder~tdndJng governing: Its relatlon~hlp WIth It\ ..mptoyel'~ undf'r thJ~ ~ctl"n (c) Board Legal Work Legalstatl'hlred by the Board shall represent and advISe the Board, Its CommISSioners, and Its staff m any clV1i matters, actions, or proceedmg5 In whIch the Board, Its CommISSIoners or Its staff, In or by reason of their offiCial capaCIty, are concerned or are a party The Board may, In IL\ sole dIScretion, and WlthfJut approval of the CIty CouncIl. retalll private attorneys to furnISh legal adVICe or representation in partICUlar mauen, actIOns or procee<1mg5 (d) Contn.ct8 and Purt:bues The Board shall comply WIth Ihe pmVlSlons of the CIty Chaner provldmg for a centrall:l'ed purchas.ng system and competitIve bIdding, and shall procure goods and \eIY1CeS 11.\ do other City agencies PrOVided, however, that the Board 'Ihall have sole and final authomy to employ attorneys, Jeglslauvf lobbYIJltS, and othe: proresslOnahl, &/ld to approve contracts for such professional BelVlCes (e) Co.rorm'., ae'lIlaUOIl.. If any portIOn of tJU5 ArtICle IS declared invalid or unenforceable by decision of a coun of com- petent JurisdictIon or rendered ll\valtd or un- enforceable by State or Federallegwlauon, the Board and not the CIty Council shall have authOrity to enact replacement regulauons consistent with the IOtent and purpose of the invalidated pro\l1SlOn and appbcable Jaw Such replacement regulallon.. .!ohall Jluper~ede Lnvahdated or unenforceabk> proVlSlon~ of thIS ArtIcle to the extent necessary to resolve any inconJlistency The subJect matter of such re- placement regulations shall be hmlted to rent control matters as enumerated In this ArtIcle SECI'ION 1803 PenDaDeat Ileat Control Board. (a) eom]MNltdon. There shall be III the CIty of Santa Momca a Rent Control Board The Board shall consISt of fIVe (5) elected Com- 2483 R 7"" m1!lll10ners The Board shall elect annually as ch iurperson, one of ns members to serve In that capacllY (b) EllgibWty. Duly qualified electors of the CIty of Sanla Monica are elIgIble to serve as CommJS!llOners of the Board (C) FIlll DI.dOll~ 01 Holdings ('..andI- dates for the poSItion of CommlS5loner shall submIt a verified statement hstmg all of their Interests and deahn~ m real property. mcl udmg but not limited to ItS ownershIp. .!oale or manag:eml'nt, durmlo( the pTl'~'IIIU\ lhrf't' (J) year~ (d) Eleetion or Commlaslonenl Cum mISSioners '1hall b<:' elected at general m u n IClpal elections In the same manner a'l set forth m ArtIcle XIV of the ~8Jlt.a '>{omca Charter. except that the first CommISSIoners shall be elected at a specIal mUnicipal electlon held wlthm nmety ( 90) days of the adoptIon of th", AnI{ Ie The elet ted CommISSioners shall take uffice on the fi/'::lt Tuesday follOWIng theIr election (e) Term or omce CommlSsJOner~ shall be elected to serve terms of four (4) years. be~Innln~ on the first Tuesday followmR their eleclJon extept that of the first flVl' (.:i) Com mISSioners elecled In accordance with Section I K03( d), the two (2) CommL!SslOner'l recelvmg the mQ~t vote'l shall ~el"\.f' unul April I'>, 1985 <lnuth.' remdlnlng Iliff' (l) tumm".,loner.. ..hall ~NVl' until April Iii, 19li.l ('.omm"''>loner.. ..hall ~erv( a maximum of two (2) Cu IIterm\ (n Powe", and Duti_ The Board shall have the followlllg powers and dutIes (I) ~t the rent ceilings for all controlled rental umts (2) ReqUire regIStratiOn of all controlled rf'ntallmlt5 under "ecUon I 803 ( Q) (3) E.~tabllSh a bd.l>e rent cellmg on rents under :,ecUon 1804( b) (4) To make adJustments In the rent cellmg In accordance With Section 1806 (5) Set rents at fair and eqUitable levels III order to ach leve the In tent of thIS Article (6) Hire and pay necessary Staff, Including heanng ~xanunersand penonnel to ISSue orders rules and regulalJOns, conduct heaTlngs and charge fees as set forth below (7) Make such studies, surveys and In vestlgatlons, !:onduct such hearlngs,.md obtam 'luch Information as IJI necessary to carry out IL'I powers and dUlles (8) Report annuaUy to the City Coun("1l or the City of Santa MOnica on the '1talu~ of <.ontrolled rental hOUSIn!! (9) Remove rent controls under Satlon 1803(r) (10) Is.sue pennltS for removal of controlled rental Units from rental hOUSing market under SectIon 1803(t) (I I) Administer oaths and afrlTmatlon'l and subpoena WItnesses (12) Establish rules and regulations for deducting penalties and settling cM! c1auns under SectIOn 1809 t . ... ~ ( ( ( ( ( l ( SANTA MONICA CHARTER .. (13) Refer VlolatJons of tiltS Article to ap- propriate authontles for crumnal prosecutIOn (14) Seek b\Junctwe and other cMi reilef under SectIOn 1811 (15) Charge and eollect regI5tratlon I~ Includmg penalties for late payments (g) Rale. aDd hiQlatlona, The Board shall ls5ue and follow such rules and regula- tIons, Includmg those WhiCh are contabled In thIS Article, as will further the purposes of thIS Article The Board shall pubhc1Zt' Its rules and regulations prior to promulgatIOn in at least one newspaper of general circulation In the City of Santa MOnica The Board shall hold at least one public hearing to consIder the VIeWS 01 mterested parties prior to the adoptJon of general adJu9tments of the decISIOn to decontrol or reimpose control for any class of rental unit,s under Section 1803(r) All rules and regulations, Internal statf memoranda, and wrItten cor. respondence explarnmg the decISIOns, orders, and poliCies of the Board shall be kept m the Board's office and llhall be avaIlable to the publIC for inspection and copymg. The Board shall publiclU ihm Article so that all residents of Santa Momca WIll have the opportumty to become informed about their legal rights and duties under Rent Control in Santa Monica The Board shall prepare a brochure WhICh fully descrIbes the legal rights and duties ofJandlords and tenants under Rent Controlm Santa MODIca The brochure will be ava.lahle to the publK, and each tenant of a controlled rental unit shall receIVe a copy of the brochure from hIS or her landlord (h) MeetbllS. The Board shall hold such regularly scheduled meetings as are necessary to ensure the tImely performance of Its dutlE'S under thiS Ankle All regular and speCIal meetings shall be caUed IUId conducted In B<<Ordar,ce Wlth State law (I) ~ Three(3)Comn\lsllloneruhall constitute a quorum for the Board (J) Votbtg. The alfU1llative vote of three (3) CommISSIoners ofthe Board is required for a decision, mcludmg all motIons, regulations, and orders of the Board (k) Compenaatlon. Each CommISSioner shall receive for every meetmg attended .seventy-fIVe dol1ar.J ($7600), but In no event shaH any Comml8Sion~ receIVe In any twelve (12) month period more than forty-seven hundred and rJfty dollars ($.1,750) for services rendered (I) Dockets, The Board shall maintain and keep 1JI Its otrlCe all hearing dockets. (m) V_cia. If a vacancy shall occur on the Board, the Board shall wlthm thirty (30) da)'ll appomt a quailfjed person to fill such a vacancy untIl the followmg municipal electIOn when a quahfied person shall be elected to serve for the remainder of the term 248-4 R-76 (n) fln&ncillJ. The Board shall finance Its reasonable and necessary expenses by ch&rglng landlords annual regiStration fees m amounts deemed reasonable by the Board The Board may dll"ect that aU or part of such fees may be passed through from lal'Idlords to tenants and may estabhsh applicable condItIOns and procedures The Board is also empowered to request and receive funding when and if necessary from any available source for Its rea.sonable and necessary expenses (0) Recall. CommLS!llOners may be recalled In accordance With the proVISIOns of Anlcle XIV ofthe Santa Morllea Charter (p) Staa TheBoardshallemployandpay such staff, !Deludmg hearmg exammers and inspectors, as may be necessary to perform Its functIon effiCiently In order to fulfill the purpose of thIS Anicle (q) llegJ.mdon...1 WithIn SIXty (60) da)'5 after the adoptIon of thIS ArtIcle, the Board shall require the regl5tratlOn of all controlled rental units, which shall be re-reg!Stered at times deemed appropnate by the Board The initial regJ.Stration shall lI1clude the rent m effect at the time on the date of the adoption of thJS Article, base rent celhng, the address of the rental unit, the name and address of the land- lord, the houslngsefVIcl!ll prOVided to the un It, a statement mdlcatm8 all operatmg cost mcreases since the base rent cellmg date, and any other mformatIon deemed relevant by the Board The Board shall requlI"e the landlord to report vacancies In the controlled rental Units and shaU make a list of vacant controlled rental unltsav81lable to the public If the Board, atter the landlord has proper noUce and atter a hearing, determmes that a landlord has W1l!ully and knOWUlgJy f81led to regI5ier a controlled rental unit, the Board may authorIZed the tenant ofsuch a non-tegIlItered controlled rental unit to wtthhokl all or a portIon of the rent for the unit until such time as the rental unit Is properly regiStered After a rental unit is properly registered, the Board shall determine what portion, If any, of the withheld rent is owed to the landlord for the perIOd in which the rental unit was not properly reglStered Whether or not the Board allows such W1thholdlllg, no landlord who has fatled to regJ.Ster properly shall at &JlY time increase rents for a controUed rental unit until such units are properly regLStered (r) Decontrol. If the average annual vacancy rate in any category, classdlcatlon, or area ofcontroUed rental Units ex<<'eds 5 percent, the Board ia empowered, at Its dlSCreuon and in order to achieve the obJectives of this Anicle, to remove rent controls from lluch category c1l181ificatlon or &reL The Board may determin~ sucb categories. classitlcatioRll, or areas for purposes of decontrol conSllltent With the ( ( ( ( ( l -..,..... c SANrA MONICA CHARTER . objeCtives of thill ArtiCle ]n determining the vacancy rate for any category, classifICation or area of controlled rental umts, the Board shall consIder all av81lable data and shall conduct Its OWll survey If units are decontrolled punuant to thJs Subsection, controll shall be reunposed if the Board ftnds that the average annual vacancy rate has there~r fallen below 6 percent for such category, claaslflcation or area. (s) Seeurtly Depoelt&. Any payment or deposit otmoney the primary function of which IS to secure the performance of a rental agree- ment or any part of such agreement, Includirtg an advance payment of rent, shall be placed m an IJ1terest beanng account at a federally msured finanCIal inStItutIon until such time 8lI It Is returned to the tenant or enUtled to be used by the landlord UnleS/! and until the Board enacts regulations dlrectmg that the Interest on such accounts be paid directly to the tenant, the landlord may either pay such mterest directly to the tenant or use It to offset operating expenses, In wh ICh case the oITset shall be a. factor in makIng mdMdual rent adJustments under SectIon 1805 The Board may regulate the amount and use of security deposits consIStent WIth the purposes of thIS Article and State law (t) ReDlO'Val. ofConaoUed Unit From ReDr.I HOUBlng Market. (I) Any landlord who deSIres to remove a controlled rental unit from the rental housmg market bydemoltuon, conversIOn or other means is reqUired to obta.Ul a pemllt from the Board pnor to such removal from the rental housmg market In accordance WIth rules and regulatIOns promulgated by the Board In order to approve such a permIt, the Board IS required to find that the landlord cannot make a fair return by retalnmg the controlled rental unit (2) Notwlthstandmgthe foregomg Pl'OVl!llOns of thIS Subsection, the Board may approve such a permit. (l) If the Board finds that the controned rental Unit IS unmhabltable and IS Incapable of being made habitable In an economlCalJyfeulble manner; or (II) [f the permit Is being sought so that the property may be developed With multlfanllly dwellmg unIt:! and the pepmlt applicant agrees as a rendItion ot approval, that the uniu will not be exempt from the provJSiona of this Article punuantto Section 1801 (c) and that at least Hi percent of the controlled rental u mts to be built on the stte will be at rentlJ affordable by pt!rBOns ot low Income (3) The Housmg Element of the General Plan of the CIly of Santa MonICa shall at all tunes contain a pl"OV1SlOlI that ne!ther the CUy Council nor any City agency shall approve an application for tentatwe 8ubdlVllJIOn map or tentatIVe parcel map for a converted unit until and unle!lS the appllcant fIrSt obtains a removal permit as reqUired by thIS Section This Sub. 248.fi R 76 Rellon shall not apply to any tentatwe sub diVISion map or tentative parcel map approved In accordance WIth ArucJe XX relatIng to tenant ownershIp r1ght& (4) The Board shan render Its final decISIon within one hundred and twenty (120) days of the filmg of a completed application under thIS SectIOn SECTION 1804 Mu.lmullI Allowable Rente. {al Tempora17 Freeze. Rents shall not be Increased durmg the one hundred-twenty (120) day perIod foUowmg the date of adoption of thiS Article Ibl Estabbllbmellt 01 BII6e ReDt CellinI[ BeglMmg one-hundred-twenty 11201 days after the adoptIon of thIS ArtICle. no landlord shall charge rent for any controlled rental units In en amount greater than the rent III effect on the date -6ne year prior to the adoption of Uus ArtIcle The rent In effect on that date IS the base rent ceiling and IS a reference pomt horn which f&ll rents shall be adjusted upward or downward In accordance WIth Section 1805 If there was no rent m effect on the date one year prior to the adopl1on of tlus ArtIcle, the base rent celhog shBll be the rent that was charged on the fl/'st date that rent was charged followmg the date one year prior to the adoptIon of tlus Artlcle lei Poslmg. As soon as the landlord IS ,ware of the rnllllunum allowable rent, the landlord ,haLl post It fOf each urut In a promment place m or about the affected contfolled rent UlUts The Board may require that other mfonnat1on It deems relevanl also be posled SECTION 1806 Indiv:ldual and General AlUwnment of Cellin&a on Allowable Rents (a) GenenJ. Ad,JlIIIl1Dent. The Board, may, after holding those publ1e hearIngs prescnbed by Section 1803(g), set and adJust upward or downward the rent cel!tng for all controlled rental umtlJ In general and/or for p&nlCular categories oC controlled rental unIts deemed appropriate by the Board Such an adJustment, however, need not take ef[ect immediately, and the Board may deCide that new rent cellmgs shall not take effect until some reasonable date after the above stated time periods (b) Annual General Adjuatment. Each year the Board shall generally adJust rents as follows (I) AdJust rents upward by grantIng land. lords a utility and tax mcrease adJustment for actual mcreases In the City of Santa MonICa for taxes and utilities (2) Adjust rents upward by grantmg land- lords a maintenance irtcrease adJustment for actual increases in the City of Santa Momca for mllUltenan~ expenses (3) Adjust rents downward by requirIng landlords to decrellR rents for any actual decreues In the City of Santa Monica for taxes. lIoo .IIM ~a1 (""_Moo- -..Dooo II... "". '1,1'" .... 5JlJCC _11M ~Il (i_N. ........ ... IIO_t Nt -6,1" a... 6N3(;( ( ( ( ( ( l -... (. SANTA MONICA CHARTER . In ~usting rents under this Subsection, the Board shall adopt a formula of general application (c) Petitions. Upon receipt of a petition by a landlord and/or a tenant. the maXimum rent l1f'mdlVidual controlled rental Units may be adJusted upward or downward In accordance WIth the procedures set fonh elsewhere In this SectIOn The petition shall be on the form proVided by the Board and shall include a declaratIon by the landlord that the UOlt meets all requirements of SectIon 1805(h) Not- wlthstandmg any other proVISIOn of this SectIOn, the Board or hearing examIner may refuse to hold a hearmg and/or grant a rent adJustment If an indivIdual hearing has been held and decI~lon made With regard to maximum rent Within the previous SIX (6) months (d) Hearing Procedore. The Board shall enact ru II'S and regulations governmg hearmgs and appeals of mdlVldual adJ ustment of cellmp on allowable rents which shall Include the follOWIng: (I) Hellring Examiner. A hearing examin- er appointed by the Board shall conduct a hearing to act upon the petltIon for indIVIdual adJustment of celimRS on allowable rents and ~hall have the power to adminISter oaths and affirmatIonll (2) Notice The Board shall notlry the landlord If the petition was filed hy the tenant, or the tenant, If the petItIon wa:, filed by the landlord, of the receipt ofsuch a petIuon and a cupy thereof (3) TIJJ1e or Hearing. The heanng officer shall notify all parties, as to the urnI', date and place of the heann$! (4) Records The heanng ellanuner may require either party to a rent adJustment hearing to prOVIde It WIth any book!!, records and papers deemed penment In addItIon to that information contained an regIstration statements The hearmg exammer shall conduct a current buIldmg mspectlon and/or request the City to conduct a current buIldmg mspectlOn If the hearing examaner rmds good cause to belIeve the Board's current IJ1fOrmatlon does nut renect the cu rrent condition of the controI- I~ rental unit The tenant may request the hearang examiner to order such an inspectIOn prior to the date of the hearmg. All documents reqUired under this Section shall be made avaIlable to the parties mvolved prior to the heanng at the office of the Board In cases where Information filed m a petlllon for rent ceIlmg adJustment or m additional submissions n1ed at the request of the hearing exammer is in adequate or false, no action shall be taken on ..aid petition untIl the defICiency is remedied (5) Open HearIDg.. All rent celhng ad,Justmenthearlngs shalJ be open to the publIc (6) Right or A88l1tance All panles to a hearIng may have assistance In presenting evidence and developIng their posItion from 248-6 R-76 attorne)'S. legal workers, recol!nrzed tenant organi%atlon representauves or any other persons desagnated by said parties (7) HellringBeeord The Board shaU make available for inspectIOn and copy-mg by any person an ol1klal record whIch shall constitute the exclUSIVe record for decISion on the ISSues at the heanng. The record oethe hearing, or any part on one, shall be obtainable for the cost of copYIng. The record ofthe hearmgshall Include all exhibits, papers and documents reqUIred tu be n1ed Dr accepted Into evtdence dUring the proceedings, a lISt of partiCipants present, a summary of all tesumony accepted an the proceedIngs, a statement of aU materials offiCially noticed, all recommended deCISions, orders and/ or rulings, all final decISions, orders and/ or rulmllS, and the reasons for each final deCISIon, order and/or ruling Any party may have the proceeding tape recclded or otherwISe tran- scnbed at hIS or own expense (8) Quantum or Proor and Notice or ~iIllon No mdIVldual ad,Ju~tment shall bf' granted unless ~upported by the preponderance of thl' evidence submitted at the hearmg. All parties to a hearml! shall be sent a notice of the decISion and a copy of the findmgs of face and law upon whICh S8I1"i d~lSJon IS ba.<oed At the same tIme, parties to the proceedInll: shall also be notified of their tight to any appeal allowed by the Board and/or to JudiCial review of the deCillion pur,mant to thIS Se<.tlon and Section 1808 ofth IS Article (9) ConllOUdadon All landlord petition'! pertammg to tenants m the same building WIll be consolidated for hearmg, and all petItIons filed by tenants occupymg the same buIldmg shall be consohdated for heanng unless there IS a showing of good cause not to consolidate such petitions (10) Appeal Any person agneved by the decISIon of the hearing exammer may appeal to the Board On appeal, the Board shall aftIrm, reverse or moddy the decISIon of the hearmg exammer The Board may conduct a de novo hearing or may act on the basIS of the record before the heating exammer without holding a hearing (11) FinaUty or Decision The decISion of the hearmg exammer shall be the final decISion of the Board m the event of no appeal to the Board The decISIOn of the hearmg exammer shall not be stayed pendmg appeal, however, in the event that the Board on appeal reverses or mod WI'S the decISion of the hearmg examiner, the landlord, m the case of an upward adJust- ment In rent, or the tenant. in the case of a downward adJustment of rent, shall be ordered to make retroactIVe payments to restore the panles to the positIOn they would have occu- pied had the hear 109 examiner's decISion been the same as that of the Board (12) TIme ror Ded.lon The rules and regulations adopted by the Board shall ptoVlde Jut f'rIt!.cUDn Ofl an)' ln4l\o1dU.s rent.41UJUMf1t peUUon ~\rI one .nll\dred ....d twent)' (12.0) dayf-, followinl the Pte of fU1n1 of .....e\rldMlllla) rent ~~ellt pellUon (lS) BoPd ~0SI1.a Uea or aetefPC'lw He~ ~... 'I'M eo.rd. on lU own 11\0\1011 Of on the req\lelt. of any landlord or tenant. m.y b016 a Marini oft an il\dMdual ~n Cor rent ~\IJtlftelltwlll'Ou.tc.M peUlJoIl. fint beilla heard ~ . heariS\1 cnminer (l,f,) DeelalonA decn>>ln& ftl\",.h.n re~ in et'l'~ untll the Board nnda tha\ t.he ~cnord hu corrected tl\t deCeel .,.n'aI\unt ~e tie" (',eMe The Bovd ahall. b1 relulatiOft. .ubUStl prucedum. for mPinl protnpc.comptial'<< ckI<<- mlnauon.. Upor> a detennl1latlon ofCOft\~ the l.sldlord ahall be entitled Ul reinstatement of the priOr rtnt JeVel.. ,.euoaetWt to \tie dJ.t.e t.b.at the lJ,s\dlot'd eo~ tlIe defect .tUch waTrante<! tile deere-.te (e) 111 maltiJ'.I IndMdual and pllert! ad- jUl\tment DC ..I\e rent tt\US\" tlIe Board all'>> conlllder "he p~ of th. AJUl:\e &J\d tlle R'Q\lirement.J Df law '\1I.e Soard may 840pt .. It... (&if return JUfldaTd an)' lawfUl formula, Indud1n. but. 1\ot Umlte<l to Olle -- on "wntment or lIet oper.unl income 'lbe Boafd ,hall conalder aU fa(1.OrI ~t toltle forml1la \\ emploYS, I\le)-. f..eto" Ill')' include- \nl:~ua ..r decreaaM "' operlUl\I &J\d lllaUttenpC<< ell.~1\Ma. the e':lteM oC ",tUltin p&ld b)' Ute land\Orcl. nectM'ry and ~uonable ea,piu.t improvement of the cCllltroUed rental .1I1l .. dlllti.ngulthed from l\D1'IlIa! repaU. rep~ent an6 1h~tell..,ce. "'ere... or decre'" '" lNina'pace, furn~t\lre. furniabb\P. equlPl"ent. fir ..rYkd. 1\1b6t&fttlal dttenoradDn of the eolltroUecl renul unit other tban u a ....\l1t of ordrnl!'Y wur an'" uW. (alluft Oil \he part or tM lJ,JIdlord to ~ adequ..u koudtl litf- ~ea of to tomp,>, .u~t&flUalb wltl'l applicabk housin&. tlea1d. Uld l..retl cod-. Fedtnl atl4 SLate\rlCOnte tall beneft.... the spec:11\Jt,lYe nature of ttoe Investment, wl\etller or not tbe propen)' was I/:qu\J'ed or is I\eki .. a Ionl term or Ih01" ~"" \J'IvdUt'ellt. the blJId\ord'a rate of re\u", on 1fIYfl,tIMIlt, the landlord" cutftnt. Uld bUC d.u Net OperaUnS lllcome. pd any ~r (101:<<'1' ckemed """",t byUle 'EIoJl'd. k\ ~ "M 1aJ'ldlord a falr r-et\~m (0 No relit lnenUf: ,hall be authOrlIe4 bY thll Ardde ~.\1_ a laIIcPor4 "U · ~ eallb (low .. tM rMult of rd'inUK:In& ttle con- "rolled rent&! unit If at "I\e dine \.tie a.ndlOnl rerlnarottd the landlord could ftUOI\~ have (oretoHl\ a lIesa\~ e..h now bue4 on the ~l tIC",edu'e tttf:t\ \1\ ubIteJI~.,nt,hln "tie 01\t ye.r period foUowlnl rennal'ClI\J. 'J'tI. paAlt'aph ,t1~' Dill)' apply Ul \hit portR1I of !.he ~ tub now reuonably foreeMa.b\C wl\bln \he ape year ~r\Od followlna re!\rlal'dlll of \he COli" trOlled "l'\W unll and .....u Oll~ apQlY \0 contrtllled renl8l Ul\~ reftn~ after \lie d.\e of adopl\Ol\ oC\bia ~\e <I) No rentlncreate .tlall be alllhor\lld by thll Ar\kle beCaU5t "Ia&\dlonl baa a ~ Z48~ R16 Calli now If at tbe urne ~ tand'ord lICqu~d the conuoUed rental u.nlt. \be 'andtord eould nM01\.h1y t!.aYe foreHf!n It fltIatlVe cuh 1\0"" b&Md on 1he ft1\t IClIedule then In ell.....el\.~ wtt)\in U\f: one yor...pertod CoUowitll &equlsluon ",. part#apt!. .tt~l only apply to t.hat portion ofl.M neIIt.lft cph now f'PIOflably foreseeahle w\ltlln t,tleone year per)l)d {ollowlng acqui&ttIOII or. I:01It,n)IIed rcnw unit and .hall 01l1Y apply to co"u0Ue6 "nw Io&n.... aequtred an.er the daa of adoption of thlf Ar\IL\e (h) No "",dlord al'ia.ll \fICreue rent Illlder u.... ",ude " the !pdlord (J) Hal railed W comply..,1th Jl\Y provitlo1\ of U..ti Article and/or rellllaUOIl' issued t.l\ereundu by the 8o&fd. I1\dudJn' the pro" vl.liOlU ~11\rl.lla the paymelll of rell5trltlon feel .n4 ,.ptrtUOlI pentltlCl (1) Mu fa11ed \0 comply .\1b1.u.ntlal\y...nth ~)' -.ppl\cab\e State Of loCal bou.ln.. healt.b or IIIfet)' W.W No tandWd .tta11 blcreaJe rel'l\ lIn'- tbe notiCe \tl.crculng relit COl\tairls " ~telllent ~ IllbetanUally the foUo",illl fona. '"[be unde.TJilned llal'ldlord) ttrt.1f\t!f \Il.~t this tlnll and comma" anas an not. lubjeet to any gncorrected dtaclloft or lIotkft of vlolatlOl\ 0( anY Sute or loCal tIOU1i1'l1 htalOl. or ..rely ,,"WII ...ued lIY 1Ul.)' cove""en\ omeial Dr apncy,-U II tandlo-rd fan. tD COftl.ply ""lth this SublleC\iOJl, \lie tenant Ifta)' re(u.se to pay the Improperly l\OlICed ",create. ml' Mfltl. adminlltralive or c:Ml remedlell ullder t.h. ArOt1e. and sM.Y r~ the land&ord" nOflColt\PUanrt u an affIrrnt.llW dekl\lf: in -",y reutt.ln& unla..vful ckUJnet' ~n (1) Tt\e Board ma)'. 111 Its d~retiOn, eMCt 1'f:IU'.tlol\l t.<.J provide Cor lrIcreaS8 or ren'" Dn .,,\\.1 voluntarlb' ucaled ai\er tM eneeUvt date orthil Su\)llecUon III proptrtifll ",hen the &-.ndlord b- dedICated a pereel'ltllt' or units to "rented to ~nol\t of~1')' lo"" or 10'" lncome a' affo",-ab\e renU TI'ie Board may enaet procedurel and other relu\..donl ~lnJ 4eUt1fIlI\a\k\n of Il\e eOlld~ upon _Mc,", .uet!. \IIcreutl wID be perm\tu'd. tl"oe extent of tlle inc~. tM required JI'Ii:l oC affordable 1a"'''' to be provided. waY' to ensure ttl~ eon \l.nued prov'Iioll of alfuf"dabk hOUI\J\I ullder tb \I S\1\)s.eetlon. u..e ,,~r1tl' ."d condltKIIIS appUcabk when landtorda ceue to. parudP"te 01 ",hen tellaJlU, yacate 01 ~ate to Clll~1fY for ul\1t.l ded~t.ed '" aJfordab\e 11.011I111" and other _e..ura It. dftl'lll1lec..-rY If \he Board en-=U recuiat~l'IS lIfIder 1hb .\l.JeClIOn. iU .....n ~e (or the ronowmJ (I) 'I'\'l'" a proper\)' lI\tIlllot be el~" for UUI progsm uniesS npectned ~I\c.age of all unitt on t)l.e prt'lpertY. IIlIteM than 1& petcfllt, 'IriU be oc:cupled b)' tenants oCwrY \DW I)f loW lI\tolCle alii! the rent Oil eloCh. unll to occupied doel 1Iot ~lCeed .. apoKltWd percentase. 1\0 ~r than 30 percent,oflUtto l.ellanU' ineolftt (2) nat tellUltl of ver)I \oW or""" ",come QCC:\IpYU\1 uI\IU maiJltame4 at. aft'ordable "n\ kW" ul\der thll proII'~ are pnt.e'Cted If u.e tandklrd eleeta I'lol to partkiP.te curther \1\ the proeram. Su.el\ protecUDfI p,a.llll\ctQde, at & ~A llON\~ ~R l '- ( ( _ 5K .116 A._..... G_M.. "pol [1oc- 110. N D- _.1.... R. 6NK"tS ( ( ( &ANT A MONICA CHARTER minunum, a provisIOn prohibIting the rent of luch tenants from beIng mcreased by a percentage greater than the general annual adJustment allowed by the Board even If the resulting rent is below the maxunum allowable rent and the landlord has lowered the tenl for other units on the property SEGnON 1806 ~cdolL Nolandlordshall t&lce action to termInate any tenancy includIng service of any notice to qUit or other evtctlon notice or bring any action to recover possession or be granted recovery of possessIOn of a controlled rental unit unless (a) The tenant has failed to pay the rent to which the landlord IS entitled under the rental hOUSIng agreement and th15 Article (b) The ten ant has Violated an oblIgation or covenant of hl!l or her tenancy other than the obligation to surrender possession upon proper notIce and has failed to c ure such VIOlation after havmg receIVed WTltten notice thereof from the landlord In the manner reqUIred by law (c) The tenant IS committing or expressly permlttUlg a nUlS8l1ce In, or IS cau&UlgsubstantJaI damage to, the controlled rental U1l1t, or is creatmg a substantJa! l1Iterference With the comfort. safety, or el'lJoyrnent of the landlord or other occupants or neighbors of the same (d) The tenant IS conVIcted of usmg or expressly permItting a controlled rental U1I1t to be used for any illegal purpose (e) The tenant, who had a rental housUlg agreement which had tennl1lated, has refused, after wrnten request or demand by the landlord, to execute a WTltten extension or renewal thereoffor a further term ofhke duratIon and In such terms as are not I1IconslStent With or VIOlatIVe of any prOVISIons of thIS ArtIcle and are matena1lythesarne as III the ptl!YlOus agreement (f) The tenant has refused the landlord reasonable access to the controlled rental unll for the purposes of makmg necessary re~l~ or unprovements reqUired by the laws of the United States, the State of California or any .ubdlVlSlOn thereof, or for the purpose ofshoW!l1g the rental hDuslng to any prospectlVe purchaser or mortgagee (g) The tenant heldmg at the end of the term Dfthe rental hDusll'lg agreement III a sub- tenant not approved by the landlord (h) The landlord seeks to ~r poslM!SSion U\ good fBlth for use and occupancy by herself or hImself, or her or hIS children, parents, grandparents, brother, Sister, father m-law, mother-m-Iaw, son in-law, or daughter-in-law For purposes Df evictions und er th IS Subsection (I) A 'landlord" shall be defmed as a natural pel"lOn who ha., at least a fifty (50) perl-pnt ownership mtere't In the property (2) No eviction may take place If any land- lord or enumerated relatIVe already OCCUpies one Ulllt on the property, or If a vacancy already exISts on the property and the vacant UlIIt 18 comparable to the Unit for which evJctlon IS lIOught Where the vacant unIt 18 determined 248-7-A R-76' not to be comparable, thereby permitting I!VlctiDn under this Subsection, the evIcted tenant or tenants shall be lirst gaven the nght to occupy the vacant unit and the rent thereof shall be the lesser of the maximum allowable rent for the vacant Ulllt and the maXImum allowable rent ofthe umt from which the tenant Dr tenants are evtcted The Rent Control Board shall promulgate regulations definmg when a Unit is comparable for purposes of thIS paragraph (3) The notice terminating tenancy shall conta11l the name, address and relationshIp to the landlord of the per50nllltended to occupy (4) The landlord or enumerated relatNe must Illtend In good faith to move Into the Unit Within thIn)" (30) da~ after the tenant vacates and to occupy the umt as a primary residence for at least one year The Board may adopt regulations governing the determlnauon of good faith (5) If the landlord or relative specified on the notice term11latmg tenancy faIls to occupy the Unit wlthll1 thirty (30) days after the tenant vacates. the landlord shall (I) Offer the Ulllt to the tenant who vacated It (ll) Pay to said tenant all reasonable ex- penses mcurred In movmg to and lor from the unit (6) No eVlctlon pursuant to thIS Subsection shall be allowed In any condomIlIlum or ~tock cooperalive UnIt which has been converted from an apartment or other rental Unit after AprIl 10, 1979, unless the Rent Control Board has ISSued a removal permLt or declared a vested tight for &ald unit As used In th15 subpart. a unitshall be deemed converted after AprIl 1 0, 1979, If on AprIl 1 0, 1979, the recorded tract map Dr parcel map for the property showe1J the umt as mcluded in the property (i) The landlord seeks to recover po$$e58lOn to demolISh or otherwISe remove the controUed rental umt from rental residential houslllg use after haVl1lg obtamed all proper permIts from the City of Santa Monica. NotWlthstandmg the above prOVl.SIOnS, pos- session shall not be granted If It IS deternuned that the eviction IS In retaliation for the tenant reportmgVlolations ofth15 Article. for exerclSl1Ig tights granted under this Article, mcludmg the tight to wIthhold rent upon authorization of the Board underSectllm 1803(q) or SecUon 1809 or for orsaRlzatlOn other tenants In any notice purporting to terminate tenancy lhe landlord .hall state the cause for the temllnatlon, and In any actIon brought to recover possession of a controlled rental UlIIt, the landlord shall allege ana prove compbance With thIS Section Any VIolation of thIS Section shall render the landlord liable to the tenant In a cMl action for actual and punruYe damages The preva1.llllg party In an action based upon thIS SectIOn shall recover costs and attorneys fees ( ( ( ( ( l . ~. ( SANTA MONlCA CHARTER So< 1..7 A"""'" oJ ....... ...... .....Doo- pertalJ1Ulg to . rental houSing agreement ~~"I~ whereby any provIsion of Un!! Artu:le for the R':"WlCCS benefit of the tenant IS wmved. lIhall be deemed to be agamllt public polley and shall be vOId SECTION 1808 JUdiCial Re"iew A land- lord or tenant aggrIeved by any action or decISIOn of the Board may seek ]ud!clal review by appealmg to the appropnate court wlthm the J urlsmctlon SECTION 1809 CIvil Remedies. (a) Any landlord who demands, accepts, receives, or retainS any payment of rent in excess of the maximum lawful rent, In VIolation of the prOVll110nS of thIS ArtIcle or any rule, regulatIon or order hereunder promulgated, Includmg the provllilons ensunng complIance With habItability standards and regIStratIon fee reqUIrements, shall be lIable in a cIVIl action to the tenant from whom such payments are demanded, accepted, received or retlWled. for relLSOnable attorney's fees and costs as de. termined by the coun, plus damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent A cIVIl penalty of treble the arnount by which the payment or payments demanded, accepted, receIVed or retained exceeds the p\axunum lawful rent shall be awarded against the landlord upon a shOWIng that the landlord has acted willfully or With oppreSSIon, fraud or malice No ad. mUllstratlVe remedy need be exhausted prior to fIling suit pursuant to thIS Subsection (b) In beu of mmg a cMI action, a tenant mayme an admmIStratlve complamt The Board 5hall establIsh by rule and regulation a hearmg procedure sunilar to that set fonh In Sectlon 1805(d) (1) The rules ll1'Id regulations adopted by the Board shall proVIde for final Board action on any complaint for excess rent Wlthin one hundred and twenty (120) d&yli following the date of filmg of the compllunt (2) In any administrative hearmg under thIS Section, a IllJldlord who demands, accepts, receives or retains any payment of rent in excess of the maximum lawful rent shall be liable for damages in the amount by which the payment or payments demanded, accepted, received or retaIned exceeds the maximum lawful rent and may be lIable for an additional amount not to exceed five hundred dollaT$ ('50000), for costs, expenses incurred in pursumg the hearing remedy. damages and penalties The tenant shall bear the burden of proVlng entitlement to the penalty The tenll1'lt may deduct the penalty and award of damages from future rent payments in the manner proVIded by the Board An order authorizing rent withhokhng un der thIS Article shallsurvwe the sale or other transfer of the propeny and shall be binding upon succeuors of the landlord agaInst whom the order was made If. t.enlUlt So< INI ............... ~-. ..... 0..- lion April '1. 1t7' R-. !lIlCCS 50< lilt 4endod .' (;......1....... bk\pol B.. tlon~ ND _btr..l.... R. 6W3CCl> 248 7.8 R.76 authorized to withhold rent under thIS Article vacates the propeny, the landlord shaU pay to such tenant a sum equal to the balance of the rent that the tenant could have Withheld (c) Ifthe tenant from whom such excessIVe payment is demanded, accepted, receIVed or retained in violation of the foregomg prOVlSlons or this An.icle or any rule or regulation or order hereunder promulgated rails to brmg a clv1l or admInIstrative actIOn as proVIded for In Section 1809 (a) and 1809 (b)wlthrn one hundred and twenty (120) days from the date of occurrence of the violation, the Board may settle the claim arISing out of the VIolation or brmg such actIOn Thereafter, the tenant on whose behalf the Board acted IS barred from also bnngmg an action against the landlord In regard to the same violatIon for which the Board has made a settlement or brought acuon In the event the Board settles SaId els jrn, It shali be entitled to retain the COSL5It incurred III settlement thereof, and the tenant &gamst whom the VIolatIon has been commItted shall be entItled to the remainder (d) The appropnate cou rt In theJunsdlction In whIch the controlled rental umt affected Is located shall have JurISdIction over all actlons brought under tilIS SectIOn SECTION 1810 Criminal Remedies Any landlord ~'1olatLng thIS Anlcle shall be guIlty of a mISdemeanor Any person conVicted of a misdemeanor under the prOVISions of thiS Anlde shall be punIShed by a lines of not more than five hundred ($500 00) dollars or by Imprl.!lonment m the county jadfor II penod not ex.ceeding SIX months, or by both such fme and impnsonment. SECTION 1811 11\j1lJlet:he and Other Civil ReUer. The Board, and tenants and landlords of controlled unIts, may seek relIef from the appropriate court wIth III thejurlSdlclIon Wlthm which the affected controUed rental unit is located to enrorce any prOVISion of thIS Anlde or its Implementing regulations or to restrain or enjoin any violation of thIS Article and of the rules, regulations, orders and decISiOnS or the Board SECTION 1812 Putial Invalidity_ If any prOVISIon of this Article or IIpphcatlon therof to an,. person or Cll'cumstanees IS held mvahd, th1s invahdrty lIhalI not affect other provJStonll or applicatlons of thts ArtlcIe whtch can 1le glven effect WIthout the invahd proVllllGn or apphclltion, and to tlus end the proVlSlODs of this Art1cle are declared to be severable This Artlcle shall be hberally construed to adueve the purpoaes of tlus ArtJcle IIDd to prellerve Its vahdlty. SECTION 1813 RelatiolUlhip to Article xx. Section 1803(t) of this Article lIhall not apply to any building for which approval has been receIved pursuant to ArtICle XX (Tenant Ownenhlp Rights Charter Amendments) of thlll Charter All other provisions ofthlS Article, however, shall contmue to apply With rull force So< 111' .............. -~ IIidpoI EJoo IIoa Apri II. If,. Roo. !3&]( 50< 1111 A......... co-I N ~Do 110., l' ......6.1 110.. 1M.)( s.. 1112 A......... -.... .......Qo UN A,n I"l~ ... MIJl s.. .111 UDpIoIII ~.. ........ 0. u... . _6,1 ....INJC . .' -:- ( ( ( l (. ( ( .... I~I~ ...d"...... .' C.t'ftft'al'tv- nk:tp.1 Uec~ fID"'. "'0 "'fIt'btf... ... Nos.6900(CS A.dopltod .1 Clntnl \htnlc-lpal [lodoon A.prlll" 1911 Ros. 61~] ((("I """ I") "....... .t c.MnIl\t... IIIdp&I 1:10<. 110., Iv.. _1,19" ...tI4X{S SANTA MONICA CHARTER and effect to each u mt m any buIlding receMng approval pursuant to ArtIcle XX Tenjlnts resldlllg In such unIts, whether or not "qualtlyutg.w "partIcipating," or any other such de&gnation under ArtICle xx. shaD e!\ioy all the rights and remedies prOVIded by thIS ATtKle without limitation as to durauon or to ownership of the uniL This Seetion is declarative uf eXlStmg law and does not Impose any new reqUIrements or lmut any elastmg ones SECTION 1814 Existing Board Prac- dces To the extent that the amendments to ArtIcle XVIII adopted at the same ume as thIS Section Incorporate rule!>, regulations and practices of the RentControl Board eXlStmg 011 the date ofth e adopllon hereof, thIS amendment IS declarauve of eXISting law and dCPes not 248 7 C R 76 U'IlJ>O'le any new requirements or lumt any eX15tmll one!> ~ECTlON 1815 Single Family Homu Smgle family homes that were not used Tur residential rental purposes on July 1, 1984 are automatically exempt from the prOVISIOns of thlll ArticlE' :>mgJe fannly homes that are not exempt under the precedIng sentence are subJ~ to all reqUirements of thIS ArtICle, but shall be permanently exempted by the Board upon proof that the home hiL'l t>een contmuou!>ly occupIed by the owner ror a period oC two (2) year~ 8.!> a pnnclple plate or reSIdence after voluntary vacancy by the tenant or la....rul evIction of the tenant An owner may have only line exemption under thL~ MctIon at anyone lime .J .... 1115 .w.,o... II c:-.J roe.. lllletpel u..- U..1 N. _&'111 ...iNK ( ARTICLE XIX. POLlCE AND PROTECTIVE SERVICES SECTION 1900 Statement of Purpose ThIS Article IS mtended to promote and facilitate additional polIce Bnd other proteclIve serVIces necessary lo reduce major cnme m thIS CIty It IS Intended to confltct WIth and be m heu of all other measures regardmg crune reduction subl1lltted to the voters at thiS electIOn SECTION 1901 Crime Prevenhon Program Wlthm mne months of the effectlVe date of this Artlcle, the CIty CounCIl shall adopt, by ordmance, a comprehenSive ctlme prevenuon program. Intended to reduce mBJor crune m the CIty ThIS program shall mclude, among other thmgs. proVIsIOns for the opumum use of elCstmg and addItIonal police and other law enforcement resources, plans to nnprove the safety of streets and neighborhoods. and ways to encourage pubhc mvolvement m the reduc. bon of crone Followmg the adoption of the comprehensl ve crone prevention program the City Councll shall appropnate the funds. if avadable, necessary to unplement the compre- henSIve crone preventlon.program SECTION 1902 &,JeDdlwre 1..Ift.tatioD lit. aea.se lal The Cny's espeDdrtme h...1t for each of fiscal years 1981-82, ~1982.83, 1983-84 and 1984-85 18 Increased by 53.000,000 ThI8 mcrease shall be adJusted each year for changes m populatIon and cost oJ hvmg 8S proVlded by State UW Ib) AppropnatlOD of funds that may be made for spendmg by reason of Section (BI shall be made for prOVldmg mcrtl8.sed pohce and other protective lervlce8 mtended 1.0 control major cnme and for no other purpose II'I The pnmBry mtentlon of thiS Sectlon IS to proVIde additional polIce and other protec- tIve servIces wlthm the enstmg framework of City government SECTION 1903 Expenditure Ulllttadun Increue for PoUce and ProtecttYe 8enrlees. (a) Pursuant to Section 4 of ArtIcle XIIIB of the Callforma ConslItUtlon, the CIty'S expend Iture limIt ror each ofthe fiM al year!> dun",~ the four year penod begmnln~ November 7, 1984, and endmg !';ovember 6. 1988, I~ mcreased by four mLlllon dnUan. ($4,000,00000) ThIS In('re8be shall be adJu~led each year for ~hangl'!> III population and the lower uf changes In co!>l of IIvmg or per.,onallllcome proVided by State law (b) Appropnauon or funds that may be made for spendlnll by reason ur:>ubsectlon (a) shall be made for mamtamlll! and proVldmg increased police and other protective services, for Improvmg the safety of streets and nelllh- borhoods, and for encouragIng publIC In- volvemel1t m the reduction DC crime SECTION J 904 Expenditure Limitation Incft&lle for Capital Improvernen.. and O~ (a) Pursuantto Section 4 of Arllcle XllIB of the California Con"ltltutlOn, the CIty'S ex. pendlture limit Cor each of the fL"lCal ~ars durmg the four (4) year penod begmnmg November 7, 1984, and endmg November 6, J 988, IS mcreased by three m L1l1on five hu ndred th.ousand doUars ($3,500,000 00) ThIS Increase shall be adJusted each year for change"l III population and the lower of ('hanges In the ('ost of Imng or personal Income prOVIded by <;tate law (b) Appropriation of Cunds that may be made Cor spendmg by reason of SubsectIon (a) shaJi be made for proVldmg capital U'Ilprove- ments and outlays for street maintenance, ..Ide walks, street light CirCUit replacement, l1ew street lights, energy conservation, tramI' Signals upgrade, park mamtenancE', veh.lcles and other eqUipment, and vanous one time capital needs for libraries, publicly owned recreational Caclll- ties In the City, park dl'Velopment, police and fire facilities, and other capita] Improvements and outlays reqUired ror the protection of public health and safety .-- Adopt... .. (;t'Mf'i111 M.. oIelpo I i.Ioc- uo.~ N. ....... 6.1" RM. M43C (. S.. IJO~ adopt.. .1 Sptc:ll. Ml\llnic-~pal EJ-tc-,Ian, Ju:n* '. "" Rnoh.I'oft No 16-0 (CCS) So< 1906 adop11!'d at Spt!d... M"u'lic-ip.1 .E1tc:IJon~ June' 191& Rtso-lulJon "0 164~ (CCS) SANTA MONICA CHARTER 248 7 D R 92 SECTION 1905 Expenditure Limitation Increue for Police and Protective Service. (a) Pursuant to Section 4 of ArtIcle XIUB of the California Constitution, the CIty's expendIture llmlt for each of the fiscal years danng the four year perIOd begInnlllg June 7, 1988, and ending June 6, J992, 15 increased, In additIon to any other voter- approved Increases, by SIX MIllIon Dollars ($6,000,00000) This Increase shall be ad- Justed each year for changes In population and the lower of changes In cost of livmg or personal income as Is prOVIded for In State Jaw, or as otherwISe proVided for by the State Constltl.ltlon (b) Appropriation of funds that may be made for spendIng by reason of subsectIon (a) shaIl be made for mall'ltarnmg and prOVIding mcreased pollee and other pro. tectlve .services, for Improvmg the safety of streets and neIghborhoods, and for en- couragIng publIc Involvement In the re- duction of crrme SECTION 1906 Expenditure Limitation Increase for Capital Improvements and Outlays (a) Pursuant to Section 4 of ArtIcle xlIIa of the CalIforma ConstitUtiOn, the elt}'S expendIture lImIt for each of the fiscal years during the four (4) year penod begmnmg June 7, 1988, and endmg June 6, 1992, IS Increased, III addltlon to any other voter approved mcreases, by Nme MIllion Five Hundred Thousand Dollar.s (19,500,00000) ThIS Increase shall be adJusted each year for change~ In population and the lower of changes In the cost of IWlng Dr personal In come as IS proVIded for by State Ia.w, or as otherwise prOVIded for by the State Con IltItutIon (b) Appropriation of funds that may be made for spendIng by reason of subsectlon (a) shall be made for provldmg capital improvements and outlays for street mam- tenance, sidewalk.s, street hght CIrCUit replace ment, new street hghts, energy conservation, traffic Signals upgrade, park mamtenance, pIer preservation and Improvement, vchlcles and other equipment, and various olle tllne capItal needs for IIbranes, publicly owned recreatronal faCIlItIes m the CIty, park development, poltcp and fire faCllttleS, an d other capItal improvements and outlays reqUired for the protection of public l\ealth and safety, and for malntalnmg and lm- provmg the quality of basiC police and fire protection, hbrary, recreation and parks. City plannmg, engIneermg and assOCIated adrrlll\lstratlve support services \ \ --., ( ( ( ( <- ( I ( ArIIdo IIX ........'" .. SpodoI ""-pool -- 6-H4 R.. MInces ........... ..- ~ SANTA MONICA CHARTER 248-8 R-75 ARTICLE XX-TENANT OWNERSHIP RIGHTS SECI'ION 2000 SIate.ent oIPI1IpOIIe_ The People of the City of Santa MOnica find and declare ea> Tenant-Participating Convenions are an effective method of prl!Sl!rvmg, stablhzlJIll and improving neighborhoods and the supplyoC sound, aft'ordable hOUSIng accommodations . (b> It is sound policy to encourage such Tenant-Participating Conversions to allow ten- ants to purchase the Units which they occupy and, at the same tune, protect tenants who do not purchase theIr units (c) This ArtICle IS deslgned to pennlt tenants to enjoy the stability, secUrlty and flllanclal benefits ofownershlpoftheu own houSlll1l units and at the same time to proYJde more protectIOn than presently exISts under Article XVIII of thIS Charter for ParticIpatIng Tenants who may not choose to purchase theIr Units and IS deSIgned to promote aJIordable housing opportunIties for Low and Moderate Income Households (d) Wlule supportIng the Iloal of home ownership, the City must ensure the continued availablhty of affordable hOUSIng for Low and Moderale Income Households In order to ac- complish thIS goal, thlll Article requires a Ten- ant-PartlclpatrngConverslon Tax as an integral and essentlal prOVISIOn to carry out the pur- poses oCthis Article and the proceeds of whIch shall be used to ensure the continued ava.ilabIhty of affordable housmg for Low and Moderate Income Households (e) This Article is necessary for the public health, safety, and welfare of the City of Santa Monica. SECl'ION 2001 Deftnltlona. For purposes ofthls ArtIcle, the followlnS words and phrases shall have the followinll meanmg: (a> AppUeant. The owner of a bUlldmg for WhICh a Tenant Participating ConversIOn Ap- plication II flied (b) ColII!"'!n-!TeDant. Anytenanugreemg to the conversion by hIS or her sJgnature on the Tenant-Participating Conversion Application who has personally"occupied hili or her unit continullw!y lor. period of at least six (6) months prior to the date he or she signs the Tenant-PartICipatIng Convennon AppUcwon (c) DiMbled Penon. Any person who Is recelvin8 benefits from a Federal, State, ('Ir local government, or from a private entity on account of a pennanent dJsablllty that prevents the person from eng&glllgln regular, fuUtime em- ployment. (d> IDtelldinl to PurcIaue TeJWIt. Any tenant who has personally occupied his or her unIt m the budding continuously for. period of at least six (6) months immediately precedmg the date the tenant signa a Tenant Intent to Purchll!le (e) Umlted Eqalty. Programs subJect to the restrictIOns set Conh In the Health and Safety Code Section 33007 5 and other pro- grams which limit, to a lIimiI.ar extent and a sunilar length of time, the owner's return at resale For purposes of this Article, shared appreciation equity loans or sunDar loans shall not be construed to be forma of limIted eauity (f) Low &lid Moderate Inmme Boueholda. Persons and families whose income does not exceed elllhty percent (80%) of the median gross IIlcome for Los Angeles County, adJusted for family size as determll1ed by the Secretaryof Houslllg and Urban Development and under SectIon 8(f}(3) of the Umted States HousmgAct of 1937, as amended, or if programs under Section 8(0 are tl'}"mmated. eIghty percent (80%) of the medIan gross income determined under the method used by the Secretary prior to such tennrnatlon (b) Middle Ineome H008eholds Persons and families whose income exceeds eighty percent (80%) but Is less than one hundred and twenty percent (120%) of the median gr08$ income for Los Angeles County, ad,Justed for family SIU as determined by the Secretary of Housmg and Urban Development under Section 8(0(3) of the Untted States Housmg Act of 1937, as amended, or Ifprograms un der Section 8(0 are terminated, more than eIghty percent (80%) but less than one hundred twenty percent (120%) oUhe median gross income determmed under the method used by the Secretary prtor to such termination (h) Own.er. TheownerofaQua.iJJYmgBuUd- inl!. (I) PartidpKiq: Tenant. Any tenant, In- cludang both cosignmg and non-coslgnmg ten- ants, resldmg m the building at the date of the approval of the Tenant-Particlpatmg Conver- sion Application 0) Price Index The mdex for Urban Wage Earners and Clerical Workers, United States City Average, as pubhshed by the United States Bureau of Labor StatistICS. or in the event such Index II discontinued, any comparable IIldex (k) Tenant InteDt to hn:haae A form prepared by the City to comply WIth State law and whiCh shall be in subStBntlallythe fonowmg form and substance SfATEMENT OF TENANJ' INTEt.rr TO PURCHASE ThIS Is a Tenant Intent to Purchase form that Is used to determllle how many tenants want to purcha.se the apartment units that they cur- rently are renting Evel'ytJung that the owner guarantees or promises you m exchange for your stgnature, htc:ludlng the sales price, is set forth In writing In the Tenant-ParticIpating Conversion Apphca- tlon These promISes, including the promise to sell you the unIt for the price stated on the form, wUl be made condItions of the approval of thl' conversion and the sJgI'Ied fonn wW become publiC record Slgmng thlll form does not mean that you must buy the unlL It only means that you .~ . L I ( ( ( ( ( l .- SANTA MONICA CHARTER ~ currently want and intend to buy the unit for the sales prke mdicated on the form JI)/Ou are able to obtain satisfactory financmg and it the applicatIon Is approved IF, AFJ'ER FINAL APPROVAL OF TIlE CON- VERSION,mE OWNER REfUSES TO SElL TIlE UNIT AS AGREED OR DEMM'DS A HIGHER PRICE, YOU SHOULD IMMEDIATELY CON- TACT TIlE APPROVING AtTORNEY AND TIlE cm ATT'ORII1EY I/We, the undersiglled, lIS tenant(s) of unit at Santa Momca, CalIfornia, at the time of filing' of the Tenant- Partlclpatrng Conver-lIon ApplicatIOn of such property, do certify my/our intent to purchase my/our occupied UnIt No I/We have seen and receIVed a copy of the Tenant-Participating ConversIon ApplIcation WhICh lists the maXImum sales prices for all tenant occupied UnIts In thIS buildIng and other information on the Tenant-Panlclpatmg Con- versIOn ApplIcation to be riled With the City of Santa MOnICa, and thIS list mdlcates that the maXImum sales price for my/our Unit is to be S I/We further understand that thIS Intent to Purchase Form WIll be filed WIth the City for the purpose of establlShmg the percentage often- ants that may be expected to purchase units pursuant to thIS ArtICle I!We declare, under penalty of perjury, that all of my/our statements above are true and correct (SJgned and Separately Dated by Intending to Purchase Tenant(s) and Owner) (I) Qua11t)in& BuUdiDg. Any buildmg used for reSIdentIal rental purposes Ul the City of Santa MOnica for which no eviction has oc- curred pursuant to Section ]806(h) of thrs Charter (relating to eviction for purposes of owner occupancy or occupancy by relatJVell of the owner) wlthm a period ofsix (6) months prior to the adoption ofthis ArtIcle In the event ofsuch an eviction, an application Cor a Tenant- Partlcipatmg Conversion may be flied ICno such eviction occurred wlthm two (2) years prior to the filmg of a Tenant-Participatmg Converalon em) Senior CltiieD. Any person sixty-five (65) years of age or older (n) Tenant. Any person who IS an author- ized tenant of an owner of a reSidentIal rental building for which a Tenant-Partlcipatmg Con. version Application is bemg proce:ssed (D) Tenant OtImerwbip. Ownership in the form oferther condominiums, community apart_ ments, stock cooperatIves, cooperative associ- atIons, !unIted eqUity stock cooperatives or any other means authonzed under State law (p) Teunt-PutldpC1og CoJnoerwloD. Any conversion to tena.nt ownenh1p iDIplemented punua.nt to this Article. (q) TeDallt'. Sale. Price. The maxunum price for each Unit as set forth in the Tenant- Participating ConvenlOn ApphcatlOn 248-9 R.75 SECTION 2002 Applleatlon ror Tell&Dt- PartlclpadBg ConvemoD. An appl.Jcation for .. Tenant-Participating Conversion shall be complete If It meets the foUowing requirements (a) Identifies the buDding, and its owner, which is the subject of the appl.JcatIon and contains a declaration that such building IS a quallfymg bulldlllg (b) Sets forth, for each tenant occupied unIt, the folloWIDlli sales mformation (1) The maxunum sales price for each unit. (2) The mmarnum down payment for each umt. (3) If seller fmancmg Will be offered, the mimmum amount to be financed, the maxll11um rate of mterest and the mmimum term of the loan offered by the ieUer (c) Sets forth, for each UnIt, the follOWIng common area, mamtenance and budget IIlfor- mauon (1) The plan for the assignment and use of aU parkmg spaces (2) The plan for the use of all common area facwties (3) The occupancy and management plans and poliCIes ( 4) A lrst of all repairs and alteratIons, it any, which Will be performed before the close of the fllSt escrow (5) The plan for allocatmg costs and ex- penses for the buJ.!dmg. (6) A prepared monthly maintenance bud- get based upon actual maintenance expenses for at least the preceding two years plus a reserve fund which states the monthly main- tenance assessment for each umt (I) The procedures for the allocatIOn and use of such reserve funds (d) Contains a declaratIon With the foUow- ing mformation (1) That there has been a building inspec. tion report of the accessible portions of the . entIre building, including but not !united to, the roof, walls, floors, heating, air conditioning, plumbmg, electrical systems or components of a SimIlar or comparable nature, and recreational facilities ohhe buildmg prepared by a Building Inspection SelVlCe or sunllar agency Wlthin tbe preceding three (3) months (2) That, for eacb tenant OCCUPied umt, a written statement settIng forth any substantial defects or malfunctions identified 111 the build- ing inspection report regardmg the unit and the common areas has been deUvered to the unit or . tenant O('cupyUlg the unit. (3) That, for each tenant occupied unit, a copy ofthe complete building Inspection repon .has been deltvered to the umt or a tenant occupying the unit. (e) Sets forth the form of tenant ownersbip for whIch the application is submitted (0 Isslgned by coslgningtenants occupying not les, than two-thirds (2/3) of all the raiden- tial units In the build!nl- If there Is more than one tenant In . unit, the signature of only one tenant shall be requln!d , ...,'10. ( ( ( ( ( c I ( SM'TA MONICA CHARTER .. (g) Identifies the coslgJ\ing tenants and the units occupled by such tenants and bsts all otJIer tenants known to the owner in the build- Ing and the units they occupy (h) Contains a dec1aratlon that the slgna- ture of each cosigningtenant WII5 obtained only aft.er the delivery, in WTitlng, to such tenant of the informallon required Ul SubsectlolUl (a) (b) (c) (d) and (e) ofthjS Section (I) ContaIns a declarallon that all lawful -notices have been given of the apphCatlOD for conversion (J) Has attached to the application State- ments of Tenant Intent to Purchase, SIgned by IntendIng to Purchase Tenants occupymg not less than fIfty percent (50%) of the total number of residentIal UnIts Ul the bullding. If there III more than one tenant in a unit, the slgnatu re of only one tenant shall be reqUIred (k) That, for each tenant occupied UnIt, a Tenant Intent to Purchase has been del1vered to the UnIt or a tenant occupying the uniL SECflON 2003 Proeeulng otTelUlnt-P.... UdpaUnll ConwrstOD AppUcadoft. The follow- mg procedures shall be followed in the pro- cessmg of a Tenant-ParticipatIng ConversIOn ApplIcation (a) A Tenant-Panlclpatlng ConversIon Ap- plication shall be accepted for fIImg by the City when It meets the requlrements of Section 2002 of this ArtIcle (b) A Tenllllt-Participatll\g Conversion Ap- phcatlon shall be flied by the owner not less than forty (40) days prIOr to the mlng of any appl.icatlon for a tentatiJve subdIVISIon map or tentatIVe parcel map under the SubdIVision Map Act of the State of California. The Tenant- Participating Conversion Application may be filed Simultaneously with the service of the Notice of Intent to Convert reqUired by the Subdlvtsion Map Act of the State of CaW'omla. (c) Wlthm fIVe (6) days of the fihng of a Tenant-Participating Conversion Appl1cauon, the City shall send notke to every tenant in the building statUlg that a Tenant-PartIClpaung ConversIOn ApplIcation has been flied and that anyobJecllons thereto may be fded WIth the City withm twenty-five (25) dar.& from the date of the noUce (d) Upon the filing of the application for any required tentative subdivision map or ten- tatIVe parcel map, or ICno such map is required, at the end of forty (40) days from the mmg of a Tenant-ParticIpating Conversion Application, the Tenant.P&nlClpatlng Converrllon Appl1ca- lIOn and any requlled map shall be scheduled for hearing and processed in accordance with the procedures for the processing of subdMSlon maps The City and the applJcant may agree to extend the time periods required for processing for a perIOd not to exceed SIXty (60) d&yll (e) Any Tenant.Partlcipating Conversion Application shall be deemed approwd subject to the condItions set forth in Section 2004 of this Article ifit is not approved or den1ed within the time periods required by this Seaton. 248-10 R-75 SECTION 2004 Appnwa1 or DeIlW ofTe. Ult.Putidpat1D, Convenloll AppUcaUoD. A Tenant-Particlpatll\g Conversion Application shall be approved or denied w1tJUn the time period8 set forth in Section 2003 of this Article and Il\ accordance with the folloWlfig standards (a) A Tenant-Participating Conversion Ap- pltcallon, along with any required tentatIve subdIVision map or tentatIVe parcel map, shall be deRled if the Tenant-PartlcJPal1ng Conver- sion Application f8.ils to meet any of the re- quirements of thlll Article, WII5 the result of fraud, misreprl!$entation, or threat or sunllar coercion, or fails to meet any mandatory re- qusrement of the SubdlVlSlOn Map Act of the State of Cal1fornla. (b) A Tenant.riruclpatlng Conversion Ap- plicatIon, along WIth any reqUired tentatIVe subdlV1Sion map or tentat1ve parcel map, shall be approved If 1ts meets the reQuirements of this Article and shall be subJect to the foUowmg conditions and no others (1) The owner must file WIth the City written consent to each conditIOn imposed in connec- tion WIth the approval of a Tenant-PartIcipating ConversIOn Appl.lC:ation The wntten consent shall be flied prior to the approval of any reqUIred final SUbdMSIOn map or linal parcel map, or IC no such map IS reqUIred, withm six (6) months from the date of approval of the Tenant-Partleipatlng ConveJ15ion Apphcation The filing of such WTitten consent shall eonsti- tute an agreement, WIth the CIty of Santa Monica and each partlcipatmg tenant, blndmg upon the owner and any successon; 10 IlIterest, to comply with each a..,d every condItion un- posed In connection 'nth approval of a Tenant- Participating Conversion Apphcatlon The City and any participal1ng tenant shall have the right to specific entorcement of thIS Agreement In additaon to any other remedies plOVlded by law (2) The owner shall offer and contmue to offer the exclusive right to purchase each rental Ulllt in the bulldmg to the participatang tenant thereof upon the terms set forth in the apph- cauon, without change, for a period of not less than two (2) ~ars from the date of fmal approval by the CaW'orma Department of Real Estate orlhe date the fIrSt unit in the bulldlng 18 offered for sale, ifno approval by the Cahfoml& Department of Real Estate is reqUIred At the bel1nning of the second year, the Tenant's Sale Price may be acijusted according to any change renected in the Price Index occurnng dur1llll the precedmg year Upon the written accep- tance of the offer by the particlpaung tenant at NlY tIme withm the two year period, escrow ahall open within thirty (30) days trom the WTl1ten acceptance by the participating tenanL Unless othel"Wl8e agreed by the parties, the period oflhe escrow.hall not exceed SIXty (60) days. (3) No partlclpat!ng tenant shall at any time after the approval of the Tenant-Partld- patJng ConveJ15lOn Applkatlon be evicted for the purpose of occupancy by the owner, occu- - ....~ "L c I ( ( ( ( ( .- .. SANTA MOh1CA CHARTER pancy by any relatIVe of the ow:ner, or for demolition of the unit In the event the particl- patmg tenant does not exercISe hIS or her right to purchase within the time period let Corth III thIS Ankle, the ow:ner may tr'ansfer the unit WIthout any price restriction to the partici. patlng tenant or any other person However, In the event such transfer Is to someone other thlll\ the partlclpatmg tenant, the transfer shall be expressly made subject to the rights of the "pa.rtJcipatmg tenant to continue to occupy the umt as pJ'OVlded for in this ArtIcle (4) Each unit shall at all tunes remalft subject to all the terJl\ll and condlllolUl of ArtICle XVII) of this Charter, except Section 1803(t), before, during and after any Tenant-PanlCi- patlng Conversion If any Unit is rented, the maxunum allowable rent for each unit shall be no greater than the maximum allowable rent allowed under ArtIcle XVIII of thIS Charter (5) The building may be requU't!d to comply only WIth the applicable laws, includmg the bulldmg, salet)', and zoning codes, whIch were in effect as of the date the bulldmg was con- structed No new, additional requtrements in- cluding, but not limIted to, parlung, room sIZe o~ interior or extenor unprovements of any kind, may be imposed as a condition, either dIrectly or indlJ'ectly, of the Tenant-Panlclpat- Ing ConversIon !IIOtwlthstandmg the above, the City may Impose reasonable health or safety requirements consistent W!th this Article upon such buildings provided that lIuch requirements umformly apply to all similar multlresldential structures In the CIty of Santa Monica, regard- less of the form of ownership of the buildmg. (6) Pnor to the approval of any required .ubdlVislon map or final parcel map for the Tenant-ParticipatIng ConversIOn, or if no such map III reqUired, prlOrto the fIlmg ofthewTltten oonsent requlJ'ed by Subdivision (b)(I) of this Section, each part1c1patlng tenant shall be in- formed In writing, in a form approved by the City, of his or her nghts under this Anlde (7) In additIon to the provisiON! of Subdi- VISion (b )(3) ohhlS Section, all non-purchllS1Jlg Partlclpatmg Tenants who are aenlorcltizena or dlllabled on the date of nJing the Tenant-Par- ticipating Conversion Appbcatlon and who per- IOnally occupied a rental unit in the quahfymg bulldingcontInuously for at Ieastlb:: (6) months immediately preceding the date of the fihng of Tenant-Participating Converaion Application .hall be given the nonassllllable nght to con- tinue to personally reside in their Unit as long as they choose to do 10 subject only to Just cause evlct.lons provided that the evIct.aon is not for the purpose of occupancy by the owner, occu- pancy by any relatIVe of the owner or for demolition of the unit. In addition IIh~uld the maximum allowable rent Provislo~ of Article XVIII of thlll Ch~r no loRier apply, the rent tor each such unit shall be a<tIusted annual.lyto allow an increase of no more than the Increase in the Price Jndex plus. reasonable pro rata 248-11 R-75 share of capitallmpJ'Oftments for the building's common areas or agreed to capital unprove- ments for the unit WithIn 'IXty (60) da)'!! after the approval of a Tenant-Particlpatmg Conver- slon Application, any senior CitIZen partici- pating tenant who is entitled to the protectIOns of this Subd!vlllion may designate in writing the name of one person who is entitled to continue IIvmg in the rental unit under the same terms as the senior citizen if the senior citIZen pre- deceases him or her and If the person designated Is residing In the unat at the time of the death of the .enior citizen The person designated by the senior CitiZen must be a lawful occupant of the UnIt, at least fifty-fIVe (55) years of age on the date of the fllIng of the Tenant-Panlclpatlng Conversion Appla-;allon, and must have resided in the unit for a contmuous penod of .ix month! prior to the filing of the Tenant- Participating ConversIon Appbcation AU other non-purchuang Partlcipatmg Ten- ants who personally occupied a rental unit m a qualifying building continuously for at lellllt six (6) months immediately preceding the date fUIng the Tenant-Participating Conversion Ap- plication shall be gaven the nonassignable right to continue to personally reside In their unit subject only tOJust cause evactlon for a perIOd of flve (5) yelLJ'S from the date the first unit III offered for sale No evaction shall be allowed during thll time period except for Just cause provided the eviction is not for the purpose of occupancy by the owner, occupancy by any relative of the ow:ner, or demolition of the unIt. In a~ditlon, during this time pel'1od,should the maxunum allowable rent provisions of Ankle XVIII of thlll Charter no longer appiy the rent for each uniuhallbe adjusted annualYtoallow an Increase of no more than the increase in the Pnce Index plu.s a reasonable pro rata share oC capital improvements for the bulldmg's common areas or agreed to capital improvements for the unit. Al] rights under this Subaection shall expire upon the termmat10n of the landlord-tenant ~Iationshlp between the owner and the par_ tIcipatIng tenant entitled to the protection of thIS Subsection For purposes of this Subsection, "Just cause- means one of the reasons set fonh in SubdM. aions (a) through (g) of SectIOn 1806 of this Charter (8) The requirements of this Section shall be set font! In the Declaration of Covenants CondItions, and RestrICtions, or equivalent document, and shallllpeeifically name the Par. tictpating Tenanta in each unit entitled to the benefits and protection. ohMs Ankle The CJty ....hall review and approve for comphance with this ArtIcle the Covenants, Conditions and Restrictions, or equivalent documenta, p';or to the approval of any required fmal subdlvllion map or final parcel map, or if no .uch map is required, prior to the fUlng of the ...~lt.l..en J~ conlent required by Subdivision (bXl) of thia ( ( ( ( (. .. -.,..~"'" ( ( II' s.. 1eN AlIopIotI .. C-.IM... IIIdpol Doc- .-'0", Na. _6,IIN R. 6toC3CCS SANTA MONICA CHARTER SectIOn To -the extent applicable, the requITe- ments of thIS ArtIcle shall be made a pan of the rental agreement With the Paruclpatmg Ten- ants (9) The owner shall pay the Tenant-ParticI- pating Conversion Tax In the manner reqUll'ed by Section 2008 of thIS ArtIcle (10) The Deelaratlon of Covenants, Condi- tions, and RestrictIOns, or equMllent document, shall contam a non-dISCrimination clause in substantIally the follOWIng form -No Unit owner shall execute or file for record any Instrument which Imposes a restnctlon upon the sale, leasing or occupancy of hIS or her Uhlt on the basiS of sex, race, color, religion, ancestry, national ongin, age, pregnancy, mantal status, family compOSItion, or the potential or actual occupancy of mmor children The assocIation shall not dlscnrmnate on the basIS of sex, race, color, rehglon, ancestry. national orrgm, age, pregnancy, mantal status, farmly composItion, or the potentIal or actual occupancy of nllnor chIldren. (1I) The approval of a Tenant-Participating Conver!tlOn ApplicatIon shall expire If any re qUlred Iinal subdiVISIon map or final parcel map is not approved wlthm the time penods set fonh In the SubdiVISion Map Act ofthe State of Cahfornla. or 1f no such map IS required, If the written consent reqUIred by Subdi"1.Slon (b)(I) 15 not filed WIthm the required tune penod SEC"TION 2005 ProhlbltionAgainetRellll1e Controls The CIty shall not Impose eIther directly or IndIrectly any restrictIons on the prIce, terms or condltlons of sale or resale of any Unit in a Tenant-PartIcIpating Conversion ex- cept to mcorporate the terms and condItions agreed to by the partlCS In the Tenant.PartlCI- patmg ConversIon Application as authorIZed by this Article Nothing In thIS SectIOn shall restrict the City from impoSing any COndItions or re- strICtIons necessary to contmue the form of ownership of Utl1ts exempt from the tax re- qUired by Section 2008 Nothmg in thas So!etion shall restrict the CIty, any other governmental agency, or any other person from makIng any voluntary loans or other forms of voluntary financtal assIStance to pUf('hases of unlUl for whIch a Tenant-ParticIpating Conversion Ap- plication has been approved with any terms agreeable to all partIeS SECIlON 2006 ProhtbldOll AgaiMt OCher Tu: and Fee Req1drementa. No tax or fee other than those expressly let forth in thl8 ArtICle may be imposed, either duectly or in. directly, by the CIty on a Tenant-Partlclpatmg ConversIOn except the unpo!l1tlOn of actual processmg or map costs not to exCftd live hundred dollars (S500 00) per unat adjusted annually by the Price Index SECTIO"l 2007 Appllcablllty 01 Other Laws. Secllon 1803(t) of thIS Charter shall not apply to any budding for which a Tenant- 248 I? R 76 Partlclpatmg ConverW.m Application ha... been approved Any prOVISIon of any ord In anu' ofthe City or any prOVISion of the MuniCipal Lode or any appendix thereto incons~tent With the provISIOns ofth IS Article, to the extem uf such inconslSten<.y and no further, shall not dpply to the l'l<tent necessary to effect the provl~lons of thIS ArtICle Any general or specllic plan of the City Inconsistent wlth thIS Article shall be amended to the extent necessary to be con.!>lS- tent WIth thIS Article. and until such dmend. ment, shall be deemed consIStent With thUl ArtIcle SECfION 2008 Tenant.Partidpat\ng Con- veraton Tax, A Tenant Partlclpatlnj( Conver- sIon Tax IS hereby unposed as follows (a) There as hereby establIShed a Tenant- I'artlclpalmg Conversion funl! All of thl' !tums collected pur!tuant t:l th15 Section shall be depo~lted In the Tenant ParticipatIng Conver. slon Fund and shall be used only for the purposes set torth In Section 2009 of thIS Artlde (b) The Tenant-Partlclpatmg ConYl'r..lon Tax shall be paid by the owner to Ih~ Ctty Trell>>urer on each Tenant.PartlclpaUnj{ (..on- vernon Utllt m an amount equal to twelve (12) tlnle" the monthly maXImum allowable renl for the un It at the time the ta'l( IS due and payable If there IS no monthly maXimum allowabl!. rl'nt, the tax shall be computed on the basI" of the monthlv fair rental value ofthe unit (c) The 1 ellant.Partlclpallng Conversion Tax !thall be due and payable at the tIme of approval of any reqUired final ~ubdlVlSlon map or Iinal parcel map, or If no such map 18 reqUired, at the time at the ftlJng of the written consent required by Secuon 2004{d)(l) of thIS Artlde Payment of the tax may be dpferred untIl sale of the Unit by the owner executing a ben in the torm approved by the City Upon payment ot the tax, or upon a determinatIOn that a unIt IS exempt from the tax III accordance With SUbdlVl.~IOn (d) ofthas SectIon, a release of lien !thall be flied by lhe City WIth respect tu each unit tor which the tax has been paId or whIch has been determined to be exempt from the tax (d) Any unitsubJecl to hmlted equIty resale prOVISions shall be exempt trom payment of the tax SECI'ION 2009 U&e ofT.,... All filumes de- rived from the Tenant-Partlclpatmg Conver",on Tax shail be annually approprIated by the City Council for only the fOllowmg purpose!t (a) In accordance WIth Section 2000(d) of this Article, to assISt Low and Moderate Income Households In Tenant-I'anlcipatIng Conver- sion~ to purchase or Improve their UllIts subJect to an atrordable repayment plan Including m. terest, keyed to future Income Increases and gains on resale I'rlorlty '\hall be grven to a.~slStlng Low and Moderate Income Households in LImIted Equity Tenant-Participating Conver sions For at least the rll'St two (2) years from the receipt ofthe flTSt payment oflhe Tenant- ~A"'TA MONICA CHARTER PartICIpating Q)nverSlon Tax under thIS ArtIcle. a substantlal portIon ofthe tax proceeds shall be used for IlSslStmg Llmlted Equity Tenant Partlclpatlnj{ ConversIons (b) Up to one-slXth ot the revenues derived from Section 2008 may be u.sed to asSISt MIddle Income Households In Tenant-ParticipatIng ConversIOns to purchase or Improve theIr Unlts If the CIty CounCil, by five (5) afnrmauve votes, determmes tl1 at the needs of Low and Moderate Income Households have been fully satisfied (c) To pay for reasonable and necessary costsofadmmistrauon of programs requIred to meet the pu rposes of th lS SectIon SECTION 2010 Programs t4 A8sist Middle Income Households Wlthm SIX (6) months ffom the enactment of thIS Article, the CIty Council shall study and ISSue a report on ml'thods avaIlable to the City for asslstmg /lhddle Income Household!> to purchase unrt!. for whIch a Tenant-PartIcIpating Q)nverSlon ApplicatIOn hIlS been approvcd SECTlCll' 2011 Limitation if the Cltv Counctl finds based upon competent factu~l data obtamed from rn uflICLpal, State, federal or other mdepelldent sources of data that the rattO of non owner occupIed reSIdentIal UnIts to owner occupied residential umts WIthIn the CIty of Santa Momcll has fallen belOW the average ofsu(.h raUo for the State ofCalIfoTl1la, the CIty CounCil IS empowered, at Its d15cretlon and U1 ordcr to achIeve the objectIVes of thlll Article, to cease acceptIng new Tenant-PartlCl paunt Conversion Appll\:il.tlons until tlw ratlo or J1011-0Wner occupIed reSidential um~ Within the CIty exceeds the average such ratIo for the State of California SECTION 2012 Information and CompU- ance The City CoUJ1crl shall cause to be pre- pared and supervISe a program to dISSeminate mformatlon about thIS Article to tenants, apartment owners and other p.lrtles Informmg each tenant, apartment owner and other part.es of their TIghts and obligations under thl1> .o'\rtlcle The CltyCounctl!>halllssue an annual report to mclude data on compliance With thIS Article Each report shall Include data on the number of apJ>hcatlons ll1'1d the status of each J>roJect SECTION 2013 Criminal Penalties Any VIOlation of this Article ~hall constItute a mISdemeanor SECTION 2014 Civil Remedies The City Attorney shall supeTV\Se and promote educa- tlonallegal informatIOn concertllng CIvil reme- dIes and civil causes of action WhICh may be aVllllable to persol'ls who feel that their rights have been VIolated, Includmg, but noUimlted to, Intentional mfllctlon of emotional dIstress, breach of contract, fraud, Interference W1t~ prospective economic opportunity. construe tNt e\llCtlOn, bTi!ach of the co',/enal'lt of quii!l efIJoyment, trespass and other causes of action The City Attorney shall refer persons seekmg a 248-13 R-!!2 CIVIl remedy to any referral agencIes or referral panel operlltmg In accordance With the re- QUirements or the State Bar of CalItorm" Any aggneved party may brmg an actIon in a court of competent JurISdiction in order to obtall'l rehef for any vlOlatlQn of this ArtIcle SECTION 2015 Expenditure Authorlu lion The expenditure limitation of the CIty estabhshed pursuant to Arucle XliIB of the California Constitution III Increased, In additIOn to any other voter-approved II'lcreases,foreach of fIScal years 1984-85, 1985-86, 1986-87, and 1987-88 by an amount eQual to the amount of the momes recieved In each such fIscal year pursuant to Secllon 2008 of thIS Article The Clty CounCil shail place before the voters penodlcally a measure to mcrease the expenditure limItation prIOr to the expIration of the Increase authorlZcd by thIs SectJon or any subsequent II'lcrea.~eso that there IS a commua tlOn, to the extent approved by the voters and In additIOn to any other voter-approved lficreases, of the expenditure hmltdllon of the City equal to the a.mount of the taxI''' derived from SectIon 2008 of thlS ArtIcle SECTION 2015A Expeuditure Authori Zillion The expendIture l\mltatlUl\ of the CIty establIshed pursuant to Article XIIIB of the CalifornIa Constitution IS mcreased, III addItIon to any other voter approved m- creases, for each of the fiscal years dUTlng the four year period begmnmg June 7, 1988, and endmg June 6, 1992. by an amount equal to the amount of the momes recelved In each such fiscal year pursuant to SectIon 2008 of this ArtIcle SECTION 2016 Sunset (a) .....0 Tenant-PartIcipating ConverSion Ap phcatlUn shall be med after July I, 1996, un less thLS Section IS amended to proVlde for the fIlmg of such appIJcatlon aIter th lS date (b) No TenaJ\t-Partlclpatmg Conversion Ap- p/jcatJon .shall be filed on or aftPr the date the Crty's expendnure limitatiOn has not been m creased In accordJ.nce WIth Article XmB of the Cahfornla ConstitutIOn fo. the purpose of fully expending the momes receiVed pursuant to Section 2008 of thIS Article (c) fn the event Section 2008 does not become effectIVe by reason of th I' faIlu re of thIS Article to secure the approval of two-thirds of the \'oters to the extent reqUIred by Article XIIIA of the Cahforn.a ConstitutIon or by any other reason, no Tena.nt-ParticlpatIng Conver- sIOn ApplIcation may be filed SECTlO"l 2017 P.rtiallnvalidity (a) Except 85 proVIded In SubdlVlSlQn (b) of thIS Section, If any prOVL~Jon of thIS Article or application thereto to any person or CIrcum- stance IS declared or found invalid by aeourt of competent JUrIsdiction, thLS mvahdlty shall not affect other prOVISiOnS or applications of thIS Article which can be l(lven effect WIthout the s.. 261 S", IIdopttd .1 Sptcial Munitlpa1 Eltdlo.. Junt 7. UU!>y Ruoh,uion 1>0 16'0 (CCS) \ \ SA.."'TA MONICA CHARTER 248-14 R-92 l11Valld provISIOn or application, and to this end the prOVl!llOnS of this Anicle are declared to be severable This Miele shall be hberally con- strued to achieve the purposes of thIS ArtIcle and to preserve itli validity (b) The fOllowmg proVl!lions of thIS Article shall be in server able and the InvalIdity of any suc.h proWllon of th1S Article shall result in the invalidity ofthis entire Article- (1) Section 2002(f), Secuon 2002(j), SectIon 2004(b)(l), 2004(b)(2), Sectlon 2004(b)(3), SectIOn 2004(b)( 4), SectIon 2oo4(b )(7), or Sec- tion 2004(b)(9), when the invalidIty of such prOVlSlnl\ would depnve tenants of the rights conferred by thIS ArtIcle necessary to ensure theU' partICIpatIon and pro~ectlon before, dur If'S, and after t.he Tenant-PartlCipatmg CoI\Ver- slon (2) Section 2008 (3) Sectl0I\ 2009{s} (4) Section 2015 (5) Section 2016(b) (6) Section 2016(c} (c) In the event that thIS ArtIcle IS declared Invalid In Its entirety as a consequence of the prOVISions of Sub dlVIS 1011 (b) oftlus Section. any apphcant who has filed a Tenant-Partlclpatmg Conversion Application meetmg the require- ments of thIS Article at the time of the filing of the apphcatIon shall have II rIght to proceed with the conversIon in accordance WIth the appllCatlon accordmg to. the terms of thIS ArtIcle as though each and every proVllllon hereof was severable \ -"t" < ( ( (/ ( I .- I SANTA MO:-rrCA MUNICIPAL CODE . . , Jo WHEREAS, the CIty of Santa MOllica, for years last past, has been and now Is a city containmg more than thrE'c thou- sand'1ive hundred (3,500) inha~itants, aa BBcertalned by the last preced,'lg cen- 8US taken under the authority of the Congress of the Umted Statell or c,f the . Legislature of the State of Ca~ forn 1'; and WHEREAS, on the 4th day of De. cember, 1945, at a muniCIpal election duly and regularly held on that dny I" that CIty under and in accordance with the provISIons of Section 8 of Article XI of the Constitution of the State of Cah- fOlnla, the electors of saId City dId duly choose and elect BEN A BARNARD JEAN LESLIE COR~ETT SAMUEL.J CRAWFORD JOHN W FISHER MARK T GATES MARTIN GOODFRIEND ELLET T HARDING MARSHALL HICKSON CHARLES EDWIN HILLS LOUIS E MAHO=-:EY FLORINE S ~IAL"LE HOWARD P :McCONNELL EARL NITTDo:GER MILA:-J E R Y A:-r VIVIAN I WILKEN who are all electors of B8J.d Cltv and eligible as candidates under .!:'1id s....c- bon, a Board of fifteen (15) Frc("holders to prepare a Charter for the goyernment of saId City, and WHEREAS, the result of llald eleltron of Freeholders was duly declared by tJ1e leglslatrve body of the City of Sanh MonIca on tile 11th day of DE:c"mbet", 194,5, and said electors thereafter dUlY quahfied all such Freeholders in accord- ance with law; BE IT !rnOWN that in pursuance of the p!'c.vislons of said ConstItut'on and WIthin t.'1e p~rlod of one )'ear aft:>r the 249 CERTifiCATE result of said election wall 110 declared, the Soard of Freeholders has prepared and does now propose the foregoing Charter as the Charter for the govern. m<-nt of the City of Santa Monica, and BE rr FURTHER KNOWN that Bald I:ol'rd of Freeholders hereby requests sa'd :egislabve body of the City of Santa Homca to cause the publication of said proposed Charter as prOVided III said ConstItution and does hereby fix and des!gnate Tuesday, the 5th day of No- vember, 1946. as the date for the elec- tIo-. at which the proposed Charter shall be B.Jllmltted to the qualIfied electors of the Cay of Santa MOnIca for theIr ratl. 1jrt'tlon and adoptJon, IN WITNESS WnEREOF, we, the duly elected, qualIfied and undersigned Freet-olders -of the CIty of Santa Monica, County of Los Angeles, State of CalI- fornia, have hereunto set our hands at the City of Santa Momca, County of Los Angeles. State of CalIfornia, this 15th day of August, 1946 SAMUEL.J CRAWFORD Chairman JEA:-O LESLIE CORNETT, Secretaf')' BE:-O A B!l.Rr\ARD JOR=-: \\' FISHER MARK T GATES MARTI:-, GOODFRIEND FLLET T HARDING MARSI-l'ALL HICKSON CHARLES EDWr:-r HILLS LOUIS :<: llAHONEY rLORENCE S MAULE EO\:l.,'ARD P McCONNELL EAP.L NIT'TINGER },!ILAN E nYAN YIYIAN I WILKEN Freel'oladS of the CIty of Santa Mon- ica, COl''' t)' of Loll Angeles, State of Califomil\.. AI"a.;,sT.. . '" JE_'.X LESLIE CORNETT, Secretary of the Board of Freeholders .:: . .~ I ( ( ( (. l ." SANTA MONICA Mu:>."ICIPAL CODE Section ~ ABSENCE Board of Education member. . CItv CounCIl1nan . ... .. . .. lellve of, candidate for office ACCotJNTANT CIty Controller . h_ __ . _. _." 709 independent a\ldlt .. .1516 ACTIONS againllt City on claims prior to Charter. _ . revIews by Personnel Board ADMIXISTRA'rION CIty Manager's powers _ __ department heads interference in ADVERT!SI~G competitn:e biddmg contracts on publtc ......orks franchls<"e funds for official newspaper Ordll'lanCE'S publ1sJ;,ng of legal notices tax levy for ADVISORY boards and commISSIon . AFFIDA VITS CIty Clerk AGEXT Purchasmg AIRPORT COM:t.rrSSION' appoIntment of powers and duties AMEXD:\IENTS of budget of ordmances A:-JNUAL bids {or publishing notices 609 budget _.oo_oo . ... _. _ 150Z estimates for budget 704, ':'09 finanCIal report (lIee REPORTS) independent aUdIt . _._.. _.. tax levy . ANXUAL REPORTS fsee REPORTS) APPEAL claln'l.s, when rejected _ 1515 from lIuspenslons, discharge, etc 1110 to Personnel Board __ ___ ____ 1012 APPOI:-lTED boards and commiSSIons . officers, by CIty CO\lncil . __ . ___..._ 700 by City Manager _ 701, 702 general pTovlsions relating to. 1300 APPOI~TMENTS City Attorney's po.wers .. .. _ _' 7{1~ CIty Manager's powers.. 704 ClaSSIfied Service .... _...._.... ___..1100 department heads' powers _ 1305 to bo.ards and commIssions . _. 10()2 .1000 250 lNDEX Section 903 603 1111 APPROPRIATIONS (see BUDGET) ASSIST ANTS appointment at . ... _ .... .. _ _1305 CIty Attarney _ _. ____..__..._ ..... . 708 ATTORNEY. CITY aPP<'llntment lJy Clty Co.uncil .... claIms . .._...... . - Planmng CommISSIOn, to. attend. poy> ers and dutres ...... oo.. oo prosecutor reqUIrements for eligibility A1:DIT an'1ual Independent audIt . _.. 1516 CIty Attorney to ad\lse .. .__.. 709 C'ollectlOn:; to. be depoSIted 711 Departmental Tn...&t Fund ....._..___1512 of demands by Controller _. 709 payrolls by Personnel Dlrecto.r _ . 710 BALLOTS tsee ELECTIO~S) BA:-;n members in UnclaSSIfied ServIce 1102 rrunlclpal _ .1014 BEQUESTS to. LIbrary . BIDS centralized purchasing system... 1507 pUbliC works ......_ ... _.... 608 publIshIng legal notices 609 purchasmg agent . . .. ___ _ 1507 BOARDS AND COJl.IMISSIONS Au'port CommIssion _.__ _ _'h_____ 1015 approprIatIons for. . _' .. ._oo 1001 compensatIon ...... ......._.. _.. 1005 EducatIon, Board at ..__._ ...._ . 900 eXlsbng boards . ..... ... "_ _ 1003 LIbrary Board _ . _.............__.. _. 1009 meetmgs . __ _._. _..oo ., 1004 Perso.nnel Board ,..'_ _... . _.... ... ._1011 Planmng CommiSSIon _ ..... ._ _ .. .1007 prOVIsions relating to ...... ._.._...1000 Recreation Commlllsion _ .... ...._._1014 BO!\'DED INDEBTEDNESS lImit upon . . ... .... . . . __h._... 807 BO~DS City Attarney to approve. .__..... 708 of officers .. ..._ ._......_. .1300 BOUNDARY of CIty BUDGET adoption of _.._ ... 1505 annual. _ . .._ oo_.. _.._. . 1502 appropnations .. ... ..... .. ._. ..._ 1506 copIes ()f _ ... .. .. 'oo.. _..n ... ..1505 ~stlmates _ . . ... 70"", 709, 1502 for boards and commissions .... .1001 he u'mgs __... _ .._ ,,_._ '__" 1504 responslbIhty to administer .. __._. 704 BUILDING OFFICER appomt of . . __ _h. ___... ___._ '101 powers and duties .. .,oo __... _... '114 1515 1515 305 IUO .700 709 1007 708 708 _ 708 704 1305 610 1508 ilQ8 1601 606 609 617 609 606 . _ _. _.. 1010 10<1e ':'07 1507 1015 1016 1506 621 1516 606 . .n 'oo'" . .. 200 0" -,~ , - -" \ I ( ( ( (, <- .- SANTA MONICA MUNICIPAL CODE #' Section CANDIDATES activity W1th respect to " ........ ..1111 Board of Education ...._.._._.._. . 900 City CouncU __... ......._........_.._. 600 electron laws _. .. _._. ___ .____ 1400 lea'\res of absence to becqme. .. ..1111 Munlcipal Judge .._..... _..__.. .,.,_. 801 CHARTER, CITY actIons and rights prior to ._..300, 302 approval by Legislature.. ... ..... 306 effective da.te of _ __.... ...... . 306 ordmances prior to .... ....... 301 va.lidltv _. 1702 vlolatron of provisions . __ 1701 CITIZENSHIP requIred for employment _. _ _1105 CITY bounda.nes m.. .m....nn............mm name of powers of ..... __ .m.......... ....... succeSSIon CITY COUNCIL (see Council) CIVlL SERVICE appeal from 8usp..-nsion _ 1110 appomtment under. 1105. 1108 candidate for office 1111 chargu. statement of __ 1110 CItIzenshIp required. 1105 ClasSIfied ServIce . __ _. 1102 complaints . llIO contracts with personnel agency 1113 demotion, dismissal . 1110 department hell.ds' powers .. .... ..1305 efficiency ratJngs ... ... ._.." 1107 eligIble 11st .. .n .... ... 1108 examinatrons 1105 fair employment practice 1101 fraud _ _ 1112 lay-offs, seniority.. .. .... .. 1109 payroll certification .n..... n. . 710 Personnel Boa.rd (see PERSONl\"'EL BOARD) political activity ........_. ",_'~n' .1111 probationary employes h.... _ 1110 promotions . _ .., _.... . .... .m .n07 prov1sfonll .._ _ __ _... __. .. 1100 reSIdentIal requirements . _. . 1105 roles and regulations . __ . 1012 salaries, study by.Personnel Board . ... ""_'_ .... . _ 1012 suspensions ...... . . .1110 temporary appointments lI08 veterans ... ... ..... 1106 veterans' credIt . __n_ .... ____ ._.... 1106 vlolatlons _ ..._ ..... ._.._..... .. 1112 CLAIMS actlons on .. md.. ........ .........__ .. 1515 audI t of . . .... . .... ..... _ __. 709 Ctty Attorney. .. m...............___...... 709 for damf>ges . ___ .... ... . . _..1515 presentation ....... .. . 1513 CLASSIFIED SERVICE (see CIVIL SERVICE) .. 200 100 400 300 !51 8ectJoa CLERK. CITY admmlster oaths _ _"'" .. .....,. . - . 707 appomtment of '''' ._...._...._.... _ '700 powers and duties . .._. .... __n.... 107 records of City .._... .. . __m' 'n'" 107 seal. custodian . _....... __ ..... ...... 101 COMMISSIONS (see BOARDS) COMPENSATION of board and commission memtlers _.. _" ... . of CIty Councilmen ... . study by Personn~l Board. COMPLAIXTS (see CIVIL SERVICE} employes, heaTIng on stl'eet conditions _ .. CONDEMNATION property of franchIse holder _.. 1604 CONTEMPT ' CIty CounCIl power to punish ..... 614. COX'l RACTS CIty Attorney to approve. ... .. 108 contInuation of eXIsting. ....... 304 emergencies . _..' 608 megal mterest of officers .... _.1302 pubhc works, biddIng . _ .. 608 pubhshmg of legal nonces . . 609 purchaSIng procedure . 1507 street work 713 to contlnue in effect .. _ .. ... 30~ CONTROLLER. CITY appeal from . ... .I5H appoIntment of .. .... . ..... . . _ 700 demllJ1ds, to examine .. .._ ...'" d 1514 t1nancial forms . __...... _ ._..... 709 powers and duties ._ 'l09 COUNCIL, CITY s.ppointmentll hy . . ... budget (see BUDGET) compensation of ... " ..... _. &02 contempt. powers of. .... ..... .. . 614 contracts, megal interest in . . .. 1302 electJon _." __._.. _ 1400. 1402. 600 eUglhility for .... n' -p-p .__. 601 interference in administrative matterll .._. .__.... n __.. _. . 610 leglslatlve body. "'__'''''''_ ..._.. 605 meetings _....... .. .._.. 611, &12 number comprising ..._.... ..... . 600 powers .. _ ......_ ........_.._. . 605- presiding officer, Mayor .___.. __ . 604- ordina.nces ...~.___ .. .... ..... _ ..__.. 615 quorum . ... . ._..._.' _. __~ .. __.... 614 su'opoena members .......... __...' . _. 614- term of members.. ..__._....... ... . 600 vacancies .... .. .._....... ..,. _..... . 603 COUNTY health officer services h'_.' ......_ .. 711 personnel department services ..1113 tax. system . ....... ... ... .... 1501 COURT (see MUNICIPAL COURT) CRIME in\"ohing moral turpitude _....603, 90S 902, 1005 _.._ ____ 60Z ..... 1012 __...1110 ... . .... 713 .700 -..", ~ c J ( ( ( ( (" '- .- ~ SANJ'A MONICA CHAKTut SectJo.Q .. DAMAGES J.ee FRANCHISES) clalna tor _ _...__. _.._ . .. DEBT bonded debt lJmlt . .__._...._...._ 601 Cash BBliJI Fund '.."_._ _.. . 1509 tax limits . _.. ....._.._... _ _. .._._ 606 DEMANDS aUdIt of __ _ _..._ _ _. '/'09 ft funds bwu.1'l'lclent ..... .... . 1514 no suit prev10uI to ..... __. _ _ _ 1515 prellentation _. ___.._. _..... 1513 rejection of, appeal _ __ 1514 to be registered ..... _ .. 1514 warrantll _ __.. ..... ..... 1514 DEMOTION (lee CIVIL SERVICE) DEPARTMENTS bUdget estimates .... .. ... continuation of exiltlng . .., . _. _ creation of . .. . _' __.. __ .... _ . . disciplinary powers funds of . heads ot trust fund _ DEPOSITS (see FUNDS) DEPUTIES appointment of . ._.._____.. __ DISCHARGE (aee CIVIL SERVICE) DISCRIMINATION In employment, forbidden DISEASES Health Omcer duties DUTIES (1Iee OFFICERS) EDUCATION., BOARD OF compensation ....... ..... ......... 902 ~1i!ihlllty for... .... ... ......... .... 901 first election of ......... ......... .. 900 felleral municipal elections .. . . . . . . . .. 906 1lN!IIIben., number and tenn. .. ....... 900 presiding officer .... ..... ........ 904 weandes .... ... ..................903 EFFEf..,T.Lv'E DA.TE OF CJ\ARTER . _____ ._ ELECTIONS tirst election UDder Charter. ___ Jf02 for spedal Jeviu . ..... . _ 606 meral municipal electionl ._ 1400 inlUative, Rferend.um e.nd RcaU. 1(0( procedure for holding . _. _.._.,. 1403 .peclaJ municipal electionl . .__ itOl EMERGENCY contracts . .. . . . '_..m.' _ 608 ordinance, adoption of _ _ '_" 81:\ Ipedal levy for . ___ ... . _ _ _ _ 606 EMPLOYES, CITY (see CIVIL SERVICE) (lIee OFFICERS AND EMPLOYES) retirement system ..._ ._. _.. ENGINEER, CITY appointment at . .. _ ... ._ 1502 303 102 1110 711 701, 702 1512 1101 1200 1515 262 R.75 8eetl_ P1annmg Commfuion, to attend .10<11 powera and duU_..._ _........ . . 112 ENTERTAINMENT levy tor .._ .......__.._.. ,,,,,_,_,'m_.. 608 Recreation Commi.lI1on . ..___~. 1013 Recreation Dlreetor . ....m... .._. . 718 ESTIMATES (see BUDGET) EXAMINATIONS Cllee CIVIL SERVICE) EXPENDITURES (lee BUDGET) demands, prelJentation of independent audit purchasing warrantJI . FINANCE (see BUDGET) (aee FUNDS) ti!ICal year . . n.. . .,n.. L500 Ipeeill funds . .1509, 1510, 1511, 1~12 tax levies . ....... ..... . eos tax Byatem . 1:501 FINES Charter VIolations . __ .____.. 1701 for th'lI lervlce violationl __. 1112 ordinance violations 620 FIRE DEPARTMENT ChIef of FISCAL (see BUDGET) (lee FUNDS) reports lllee REPORTS) year 'u' . .. _ FRANCHISES duties of grantee . ._. .. 1605 eminent domam ___._ _. . _... 1604 failure to acquire .... . 1606 grantIng of ..._. .. .... _ . . _ . 1600 notice and hearing . _ _ __... ,1601 resolution ot Intention . ___........ 1601 term of . . .___.....__ ..... .___. ..___ 1602 FUNDS (Bee BUDGET> llee CITY TREASURER) Capital OuUayJI _ .._... . '_.'_ 1511 Cash Baall Fund .... ..... . _. ._.1509 Department Truat ...... ".... _ ......1512 depositing of ....._._.......... .... 111 Petty Caah '_'_... "__' .._.._... 1513 Public Sen1C'e Deparbnentll ..__. 1510 spedal lewu . ...._._._ _.. .._.__ 608 appomtment of . . .._._._.. _ . .. _. 100 HEALTH OFFICER City may contract with County .. 711 powers and duties ..' .. ...._ . . 111 HOUSES BUlldmg Omcer ._ __ .. ..__.._.. . 114 IMPROVEMENTS street improvement proceeding. 619 INDEBTEDNESS bonded debt limit . .__.._..__.._... 101 tax IImitll . ..___.... ._........_...._... 808 _ ,1513 _ _ 1518 1501 15U 1305 , . 116 111 1500 S06 101 Section 253 R-92 Sect! 011 SANTA MONICA CHARTER IN1TlA TIVE OATHS reserved to the people . - - 1404 admiTllsterlng by Clerk .707 JAIL adminlstenng of 1006, 1304 labor on public worlea . 620 of officers 1301 maximum penalty.. ....._ ._ 1701, 620 OFFICERS AND EMPLOYES JUDGE (see CIVIL SERVICE) Municipal Court ............... 801 additlons.l duties 1303 LEGISLATIVE POWERS appointed by CIty Council. .. 700 (see COUNCIL) s.ppOlnted by City :Man8.ger 1'01 LIBRARY appOIntIve officers, gener/l.lJy . 700 bonds of 1300 donations . 1010 department heads 1305 levy for 606 interest In contracu 1302 Librarian 1010 oaths, admlJ1lstel'lng of 1304 Library Board .. 1009 prOViSIons rela tmg to _ 1300 LITIGATION OFFIClAL NEWSP APEF'. City AttorneY'1I duties 108 (see ADVERTISING) controlled by City Counail 'i08 advertisIng tor bids 609 LOANS deSIgnated by City Council &09 Cash Basf, Fund . ... _..... .1509 rates 609 MANAGER, CITY ORDINANCES appointment of 703 adoptron of 615 Assistant CIty Manager 706 amendment of 621 budget duties . h_ .. 1502 codIfication of 618 Manager pro tempore 706 contllluation in effect of 303 powers and duties 701, 704 effectIve when 619 MAPS emergency 615 CIty Engmeer .. . 712 publlcatlon 611 MA YOR referendum 14.04 City Councll to name. 604 vloll!.uon of . 620 Mayor pro tempore. 604 PAYROLL powers and duties 604 certl fica tlon of 709, 710 MEETINGS PENSIONS (see BOARD OF EDUCATION) retirement system 1200 (see BOARDS and PERSONNEL BOARD COMMISSIONS) appointment of 1011 (see CITY COUNCIL) powers and duties 1012 M1LIT ARY SERVICE PERSONNEL OFFICER (lIee VETERANS} appointment of , 701 MISDEMEANOR powers and duties 710 Charter violation 1701 PLANNING COMMISSION Cltv Attorney to prosecute . 708 appointment of 1007 C1Vl1 Service violation _ 1112 powers and duUell . 1MB ordinance vfoJaUon . . 620 PLANS MONEYS BuildIng Ofticer 114 lllee CONTROLLER) City Engineer .. .712 audit 1516 PLAYGROUNDS City Treasurer to receive . _ 711 Recrea tlon Commission 1014 deposit of . . . 711 POUCE AND PROTEGrIVE SERVICES MUNICIPAL AFF AlRS control over ... 400 statement of purpose 1900 MUNICIPAL COURT crime preventIon program 1901 continuing in existence . . ...._.. So() expenditure lImItation MUSIC Increase .1902-1906 band members 1102 POLICE CHIEF Recreation Commission lOa appointment 701 tax levy for 606 powers and duties 115 NAME POLITICAL ACTIVITIES ot City .. ....... . . .. 100 prohibited in ClaSSIfied ServlC!e 1111 NEWSPAPER POWERS (see OFFICIAL NEWSPAPER) 4 see COUNCIL) NOMINATIONS PRISONERS (see ELECTIONS) labor on public works 620 \ \ ( SANTA MONICA CHARTER 254 R 76 t ~ Section Section PROPERTY RENT CONTROL LAW inventones. current 709 8B1M! rent ceiling ....1804 tu levy, lImIts 606 Board. .,. ... .... ~ 1803 tu ~stem 1501 Integrity and autonomy 1802 PROSECUTOR Interun... ... . ]802 City Attorney 708 Ceiling adJustment . . .... .. 1805 PROTECTIVE SERVICES CIVil remedIes, . 1809 tsee POLlCE AND PROTECTIVE Crunmal remedies . . _ , . 1810 SERVICES) Defimtlons ....t .1801 PUBIJCATION Evictlon . ... .. . . 1806 (see CIVIL SERVICE) ExistIng board practices 1814 ./U bIds 608 Hearings on adJustments 1805 budget 1503, 1505 IncreBlM! 1805 franduses 1600, 1601 Il1Junctlve rehef 1811 legal nouces 609 JudICial review .1808 ( offICIal newspaper 609 Maxunum allowable rents 1804 ordmances 617 Non-warverablllty ]807 PUBUC UTILITIES Partial InvalIdity J 1812 lsee UTILITIES) Permanent rent control board 1803 PUBLIC WORKS Petition for adJustment 1805 (see CITY ENGlNEERI PostInI! '" . .. 1804 (see PRISONERS) Purpose 1800 (!lee SUPERINTENDENT or STREETS} Relationship to Article XX 1813 blddmg on 608 Remove controUed rent Unit drams 713 from market. .. 1803 In emergencIes 608 SIngle falmly homes 1815 PURCHASES Temporary freeze 1804 ( agent 1507 REPAIRS centralIzed 1507 contracts for 608 QUALIFICATIONS REPORTS of ofncers (s",e partICular orrlcerl rmanc.al 704,709,711 QUORUM personnel . 710 (see BOARD OF EDUCATION) RESOLUTIONS (see BOARDS AND COMMISSIONSI adoption of 615 (see CITY COUNCIL) RETIREMENT RATINGS (see EMPLOYEES) {see CIVIL SERVICEl REVENUES RECALL, THE (see BUDGET) proceedings 1404 (see FRANCHISES) RECREATION (see FUNDS) ( Rec:reatlOn Commission City Treasurer to receIVe .. 711 levy for 606 estimates (see BUDGET) appomtment 1013 su.rplus funds ., 1&06,1610,1611 pawerlllloJ\d duties 1014, tax mmu .. ......... .. . . 606 REFERENDUM, THE REVIEW procedure 1404 (see CIVIL SERVlCE) HEUEr SALARIES levy for 606 (see CIVIL SERVICE) REMOVAL Personnel Board to study 1012 (see CIVIL SERVICE! SCHOOLS boarda and commiSSIOns 1002 (see BOARD OF EDUCATIONl by apPOintive power 700,701,704,1305 levy for 606 RENT CONTROL BOARD. 1803 ( f -.... c ( t< ( ( ( ( ."l" ( SANTA MONICA CHARTER ~ SEAL City Clerk eust.od1an SECRETARY classificatIOn of for boards and CommiSSIOns SENIORITY 1- CML SERVICEI SEWERS contracte for Superintendent of Streetll SJDEW ALKS contracta for SuperIntendent of Streets SPECIFICATIONS purchases STREETS (see SUPERINTENDENT OF STREETSI contracts for Improvement 608 repaIrs and mamtenance 608 SUBPOENAS CIty CounCil may lSsue SUCCESSION Charter effect upon contracts, ordlll811ces, ete SUPERINTENDENT OF STREETS appomtment of powers and dutIes SUPPLIES centralized purchasmg InventOrIes rules and regulatIons SURVEYS (see CITY ENGINEER) maps, field notes, eLe records of SUSPENSION {see CIVIL SERVICEI TAXES budget Capital Outlays Fund Cash Basis Fund County system of collectlOD fillCal year hmlU OD levies speclalleVles TENANT OWNERSHIP RrGHTS appllcablhlY of other laws .... ... 2007 application for tenant-participating conversion . 2002 approval or denial of . 2004 processing of .. . . . . 2003 civil remedJe5 .. . 2014 crlmmal penalties . . .2013 definitions . 20(H expenditure authorIZation:: ... 2015 informatlon and compliance 2012 limitation ... . .. .. . . . . 2011 partial invalidity " ....2017 programs to BSSlllt middle income hou$eholds .. .... 2010 1102 1004 608. 1507 1507 709 1507 1602 1511 1510 1501 1500 606 606 prohibitions against other tax and fee require- ments against resale controls . . . . statement of purpose sunset tenant-part1clpatlon conversIon tax ... .... use of tax ..... TRF:ASURER appoIntment of powers and duties warrants on treasury UTILITIES. PUBLIC lsee FRANCHISES! contractll 608 deprec:lahon 1510 revenue prodUCIng, funds of 1510 VACANCY lsee BOARD OF EDtJCATIONI lsee BOARDS AND COMMISSIONSI (see CITY COUNCIL! lsee CIVIL SERVICEl VETERANS preference glYen VIOLA TIONS of Charter of CIVIl Service prOVISIOns of ordmances VOTERS (see ELECTIONSl WARRANTS Isee DEMANDSI WATER l!lee FRANCHISES) WI levy WITNESSES power to subpoena WORK englneermg prIsoners pubhc works contracts strelltll ZONING Plannmg CommiSSion 707 608 713 608 713 614 300 701 713 712 712 256 R-76 2006 . .. 2005 2000 2016 .2008 .2009 701 711 1514 1106 1701 1112 620 606 614 712 620 608 713 1008 ~ ITEM # ~a~- MAP IS FILED IN CITY CLERK'S OFFICE 10/21qo 066l 9 z: d3S r/) ~~_-H7 ~~ ~ I // ' / n - "v t....'i..,;7.? t;,. 7 I' . ..,L; , ' f t'f_;-"---"'Y' '1/_7 -/ . --r-Y .: } } /-t! ilf U"V , "bsa 'S~aAW oW ~~aqo~ UTAS'I tiuiqo1W DUIH SaUXli[' .:rS~sqaM UOAUal[ ~U~t~ag tn&d :00 <!' ,,~ 'dl?UI ~OT.:I:~STP ~au aq~ }O U01~dopli aq~ O~ ~OT~d 'Dul~aaw s,~qfilUO+ ~R .:ra+~Rm 81q+ 0+ uOT+ua~+R .:rnOA S~Rl0a.:rddR AT+Ra.:r6 Plno~ aM .ZH +ou 'ea 0+ )H mo.:r} pauozu~op aq 0+ 81 'pooq.:roqQD1au aq+ UT s.:raq+o o~ uOT~TPpe U1 'A+~ado.:rd ~oa~qn8 aq+ +eq+ 8+}R~P atqetTeAR aq+ mo.:r} uOT+e+s.:rd.:rs+u1 pue uOTssa.:rdml .:rno 81 +1 'ZH 0+ va mo.:l:} pauoz~op uasq DUTAeq Sl? pa+l?olpul sl A+~sdo.:l:d sTq+ +eq+ +uaUI~.:I:edaa DU1uUBTd aq+ }O ~a~sqaM uOAua~ pue +ueT.:rag Tned q+l~ .:I:sq+aDo+ pa.:raAooslP a~ 'dew 6uT+o1.:1:+srQ 1e1011JO mr.:ra+uI ~au aq+ DUIApn+s uodn "Y~~ pauoz AT+uasa.:rd 81 pue +aa~~s q+S buoTe s.:I:1qStlM }O q+~ou pa+l?ooI 81 ^+.:rado.:rd s,+uaTlo .:I:no 'Tlouno~ A+l~ pue .:IOARN .:reaa oS.HINOZ:inI mlIBS'lIM dO lIiLHON mLL SNI<nIYf>IDI dYH wIH.i.iHO HImLLNI :m.L SHICIII:iIWY 1..9 Z3HVHICRlO SHHIOZ :!Isn CUIY'I UISlt:!lHalfdHOO :iIILL SHI.IJmk;!i.;ldHI 3::>.NYNlmIO :.r.:>:iINf}S eOluoH ~+ues }O Tlouno~ A+l~ BOlucW e+ues }O .:I:oAeH i ~ r . /~ -....... 0661 'sz .:rsqma~das 70'~_,; ;1. 06, 066l 1';: d3S 1- ~ 0/- ~tI-J' - · SSOSi:6E:/€IZ 101>06 V::l '1!OtUOW 1!nres SZZ elms PAlS: l!::llUOVII RltreS 019 ):lalnplV :)UI'NJllI:)O..Y ~ 1l1IzzeQ oJli.lO!f> ~ ~~~- Q o .. 'S o t;j ~ N ~ ~ > fit DI o 11 ;; ;- !!' ... ::I 11 ;;- C' [ n~ ~~ o ~) ~ ::5 Q. ITEM # :IS::k J MAP IS FilED IN CITY CLERK'S OFFICE 10 Il /q)